July 2007 Visa Bulletin Cannot Help Most New Green Card Applicants
Posted Jun 22, 2007
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At the Murthy Law Firm, we are receiving many inquiries from people who want to initiate their green card cases now, in June or July 2007, in order to take advantage of the current availability of immigrant visa numbers in July 2007. Those who initiate a green card case now through the PERM process are not going to benefit from the July 2007 visa bulletin, or any continuation of current visa numbers that could possibly occur in August 2007. Of course, if the priority dates remain current when such individuals' PERM cases are approved, and they can file their I-140s and I-485s before the priority dates retrogress, then, and only then, can they benefit.
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Timeframes for the PERM Process
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In order to take advantage of the July Visa Bulletin, it is necessary to file the final stage of the green card case, the I-485 (Application for Adjustment of Status), while the July Visa Bulletin is in effect. One who begins a PERM-based green card case in June will not be eligible for filing the Adjustment of Status (AOS) until her/his PERM labor certification is approved. This could take approximately four to eight months. While it is possible the employment-based (EB) categories that are current for July 2007 in the Visa Bulletin could remain current in August, they may retrogress by then. It is expected they probably will retrogress by September. Thus, by the time the labor certification is approved (assuming certification), the July Visa Bulletin will no longer be in effect and the expectation is that priority dates will no longer be current; at least for the frequently-retrogressed categories (EB3 and EB2 for India and China).
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The 4-to-8-month timeframe for a PERM labor certification is an estimate based upon the steps involved in a PERM filing, including recruitment efforts. This means that PERM cases take a few months for preparation. Once the PERM is filed, approval time can vary from a few days to a number of months. In particular, there have been delays at the Atlanta PERM processing center.
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Who is Helped by the July Visa Bulletin?
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The priority dates becoming current in all employment-based categories, with the exception of the "other worker" category, for all nationals means that the following can benefit.
- The July Visa Bulletin is wonderful news for anyone who has an approved labor certification. These individuals, and their immediate family members, will be eligible to move forward with their green card cases, as long as there is visa number availability.
- It is also good news for people who qualify for green card cases without labor certification, such as Schedule A (nurses and physical therapists) and "special category" cases. These include EB2 National Interest Waivers, previously retrogressed for nationals of India and China.
- Also benefiting from the July Visa Bulletin, as well as the June Visa Bulletin, are those with pending I-485 cases. Since many of these pending cases have current priority dates for June, they can now be approved, if there is no other hold-up in the system. Approvals for some I-485s that were filed long ago, and had just been awaiting a current priority date, are now coming into the Murthy Law Firm. This is expected to continue in July, so that many people with pending I-485s will receive good news in the mail.
- Finally, of course, those eligible to file under the EB1 category (previously current before July 2007) may also continue to file their I-485s concurrently with their I-140 petitions, like before. This may accompany the request for the EAD for work authorization and the Advance Parole for travel abroad, to allow an individual and her/his family members to reenter the U.S. without having to apply for a visa at the consulate abroad.
Conclusion
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We are happy to provide this information to help MurthyDotCom and
MurthyBulletin readers better understand the immigration process and
just what it means to have the priority dates current.
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