Congress has set limits on the number of immigrant visas that can be issued each year. The law stipulates that no country should exceed a certain percentage of the total number of visas available per year. If these limits are exceeded in a particular category in a particular country, a waiting list will be created and the applicant will be placed on the list according to the date of case notification. This date is called the “priority date”. To match status with legal permanent resident status, applicants must be able to obtain an immigrant visa, both at the time of application and at the time of determination. The Department of State publishes a monthly visa bulletin that sets out visa expiration dates. Therefore, monthly visa bulletins determine which applicants are eligible to apply for a status adjustment and which applicants are eligible to obtain permanent residency. An applicant whose priority date is before the deadline published in the latest Visa Bulletin is eligible to apply for permanent residency. If your category is employment-based and requires proof of employment, the priority date is set to the date the proof of employment was submitted to the Department of Labor. If your category is employment-based but does not require proof of employment, the priority date is set to the date USCIS receives your immigrant visa application I-140. However, a priority date will not be assigned to your case until the I-140 is approved.
As per the latest USCIS Oct 2022, Visa bulletin Visa Bulletin For October 2022 (state.gov) the cut-off date for EB2 India retrogresses in October. The cut-off date is now set at Apr 01, 2012. If you have all the necessary documents and the priority date is on or before Dec 01, 2014 (as per the Sep Visa Bulletin) you are still eligible to apply for AOS (Adjustment of Status) before Sep 30, 2022.
Feel free to reach us for any Immigration related queries. We are Luke Bowman Law and “Immigration is Our Business”. We provide completed immigration solutions for individuals, families, and companies – including
- Green cards (EB-1A-C, EB-2, EB-3, and EB-5);
- Non-Immigrant Visas (H-1B, L-1, TN, O-1, etc.);
- Non-Immigrant Dependents (H-4, L-2, TD, O-3, etc.);
- Students, training, and exchange (J-1, F-1, H-3);
- Complete Corporate Immigration Services (HR, direct employee interaction, and internal immigration management, act as corporate agent);
- Family basis processes (I-130, K-1, K-2, and K-3);
- Corporate compliance (simulated audits, public access file creation, and management, recruitment folders, etc.)
***
If you have any questions or concerns about the information provided above, please don’t hesitate to contact me.
Sincerely,
Luke Bowman
The Law offices of Luke Bowman