December Visa Bulletin–EB-2 Further Retrogressed to 2004 for People Born in India

Posted on November 18, 2013 by wegreened
Posted in National Interest Waiver

“December Visa Bulletin–EB-2 Further Retrogressed to 2004 for People Born in India”


There will be a visa further retrogression in December 2013 for those born in India with a second preference employment-based I-140 (e.g., EB-2 NIW, EB-2 PERM).  The current priority date will jump from June 15, 2008 in the November 2013 visa bulletin back to November 15, 2004 in the December 2013 visa bulletin.  Therefore, anyone with an EB-2 priority date that is current based on the November 2013 visa bulletin should file their I-485 before the end of November.  Although I-485 filed now might not be approved by December, there are several benefits to have an I-485 pending with the USCIS.  With a pending I-485, a foreign national will be able to stay in the U.S. even if he/she loses their current nonimmigrant visa status.  Foreign nationals can also apply I-765 and I-131 together with I-485  to obtain EAD (Employment Authorization Document) and Advanced Parole (i.e. Travel Document).  EAD and AP will be approved for one year and can be renewed annually as long as the I-485 is still pending with the USCIS before the priority date is current again and I-485 can be approved.
Also in the December 2013 visa bulletin, the current priority date for those born in mainland China with a second preference employment-based I-140 (e.g., NIW, EB-2 PERM) will jump from October 8, 2008 to November 8, 2008. Therefore, anyone with an EB-2 priority date on or before November 8, 2008 will be eligible to file an I-485.
Priority date remains current for people born in any country under the EB-1 (First Preference of Employment-based Immigration) category.
Please note, if you were born in Taiwan or Hung Kong, your country of chargeability is counted in the category as Rest of the World (ROW) and the priority date is current for you under EB-2 category. Also,  if your spouse was born in a country other than India or China, even if you were born in either country, you may be able to benefit from his/her country of chargeability and the visa will be current for you with an I-140 filed under EB-2 category.
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