DOS Confirms EB2 India and China Limit Reached27 Apr 2012
The U.S. Department of State (DOS) has confirmed that the limit on immigrant visa numbers for fiscal year 2012 (FY12) has been reached. This information was communicated to USCIS on April 11, 2012, and was expected, based on the Murthy Law Firm’s earlier communication with the DOS. Notwithstanding this development, an eligible candidate whose priority date is shown as current may file the application for adjustment of status (form I-485), under the April or May 2012 Visa Bulletins.
Movement of Priority Dates Expected October 1, 2012
DOS confirmation of the exhaustion of EB2 visa numbers for India and China did not come as a surprise. It does not change what, essentially, was understood already. That is, candidates who are eligible under the EB2 category from India and China will have to wait until at least October 1, 2012 for their chance at approval of the I-485 or the immigrant visa. As regular readers of MurthyDotCom and the MurthyBulletin are aware, October 1, 2012 is the start of FY13, when a new allocation of immigrant visa numbers will be made available to the DOS.
EB2 India / China Filings Permitted under April & May Visa Bulletins
Despite the depletion of EB2 India and China visa numbers, filings under the April 2012 Visa Bulletin were accepted during the month of April and will continue to be accepted through April 30th. The May Visa Bulletin contains a significantly retrogressed EB2 India and China cutoff date of August 15, 2007. Those who have EB2 priority dates prior to August 15, 2007, and who have not filed their I-485s, could do so in May 2012. Since the immigrant visa numbers under the FY12 have been exhausted, however, it is not possible for the USCIS to approve any new EB2 India or China I-485s until October 1, 2012. The USCIS may approve the related ancillary benefits of employment authorization documents (EADs) and advance paroles (APs), as long as the I-485 has been filed and is accepted for processing in April or May 2012.
The announcement of the depletion of EB2 India and China visa numbers is consistent with the discussion of internal communications between concerned DOS officials and attorneys at the Murthy Law Firm in March 2012. At that time, it became clear that the immigrant visa numbers were largely depleted in EB2 India and China for FY12. This announcement only confirms that the numbers are, in fact, all gone and that any person in the EB2 category from India and China will have to wait until at least October 2012 for potential eligibility for I-485 approval or the issuance of an immigrant visa from a U.S. consular post abroad.
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