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发帖数: 20 | 1 nalysis of EB2 Forward Movement in Aug 2008
Posted Jul 25, 2008
©MurthyDotCom
As reported in last week's MurthyBulletin, the U.S. Department of State
(DOS) Visa Bulletin holds some very good news in the employment-based,
second preference (EB2) category for nationals of certain countries. The
cutoff dates for India and China were advanced in excess of two years - to
June 1, 2006. More on this development can be found in our July 18, 2008
article August 2008 Visa Bulletin: EB2 India/China Jumps Forward. This has
generated some questions and misunderstandings among our clients and readers
of MurthyDotCom and the MurthyBulletin. Here, some of those concerns are
addressed and clarifications provided on common misperceptions.
©MurthyDotCom
Only Qualifying I-485s can be Approved in August 2008
©MurthyDotCom
Many people assume that their pending I-485s will be approved in August
2008, simply because the cutoff dates have moved forward dramatically in the
Visa Bulletin for August 2008. The Visa Bulletin reflects that there is
availability of visa numbers for cases in EB2 that have priority dates of
earlier than June 1, 2006. However, the Visa Bulletin is a DOS publication
that relates to visa number availability. It is not a United States
Citizenship and Immigration Services (USCIS) document to inform the public
of the progress that has been made in case processing. It does not mean that
the USCIS is working on all the cases with qualifying priority dates. The
USCIS processes cases based upon filing date order and can only approve the
I-485 when the priority date is current. This means that both conditions
must be met for the USCIS to approve the Adjustment of Status (I-485)
application. Approximations of the USCIS processing dates are accessible
from the USCIS service centers. Find them through the times page on
MurthyDotCom.
©MurthyDotCom
In simple terms, the USCIS starts to process I-485 cases based upon when
they were filed. If a visa number is available at the time of review, and
everything else is acceptable, the case can be approved. If the case is
acceptable, but there is no visa number, it must be shelved until the visa
number is available, meaning that the priority date becomes current again.
The USCIS has many cases that have been reviewed and shelved because of a
shortage of visa number availability. It has a system for identifying cases
regularly and finalizing them when visa numbers become available.©
MurthyDotCom
Not All Pre-June 1, 2006 EB2 Cases Will be Approved
©MurthyDotCom
The movement of the cutoff dates to June 1, 2006 does not actually mean
that there are enough available visa numbers for the USCIS to approve all
EB2 cases with priority dates before June 1, 2006. The DOS is trying to
ensure that the visa numbers are not unused and, therefore, wasted at the
end of this fiscal year, which is September 30, 2008. So, it sets a generous
cutoff date to expand the number of potentially eligible I-485s that the
USCIS may review and approve before September 30, 2008. DOS estimates are
based on information received from the USCIS regarding pending I-485 cases,
as well as information from the U.S. consulates regarding immigrant visa
demand levels.
©MurthyDotCom
Thus, not all of the I-485 cases with qualifying dates will be approved
in August 2008. An approval is determined both by the limited immigrant visa
number and by the USCIS's ability to process the case. Though it is
anticipated that many people will receive approvals in August 2008, no one
should assume that his/her case is guaranteed an approval. One way to
increase the chances of an August approval is the filing of a Writ of
Mandamus lawsuit, should the facts of one's case support it and if the case
has been unreasonably delayed substantially beyond the current processing
times.
©MurthyDotCom
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