Advances in EB-2 and EB-3 priority dates predicted

Charles Oppenheim, senior State Department official in the Bureau of Consular Affairs, predicts that there will be an advancement of the EB-2 and EB-3 priority dates for India and China by the September visa bulletin.  The advancement of the priority dates will be due to unused visas in the EB-1 and EB-2 worldwide categories that are expected to spillover for India and China which both face a backlog.

Priority dates for EB-2 India may advance as much as five years from November 2004 to mid – 2009.  EB-2 China dates are anticipated to move forward by about five weeks per month for the rest of fiscal year 2014.  EB-3 India dates are projected only to advance around one week per month for the remainder of this fiscal year while EB-3 China dates are likely to remain the same and may even retrogress if the current level of demand is maintained.

For EB-2 India cases that already have an approved I-140, it is advised that the adjustment of status I-485 is filed as soon as the priority dates becomes current as there may be only a small window of time before the priority dates retrogress again. When filing the I-485, USCIS may require that biometrics and/or medicals be updated.

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