As we previously reported in this website, the unthinkable for many of our readers and clients has occurred.
The October 2005 Visa Bulletin just released on September 13, 2005 shows severe retrogressions in India and China employment-based first and second preferences, and early cutoff dates in worldwide third preference. The Bulletin indicates that future forward movement in these dates is likely to be limited.
According to the Bulletin, the cut-off dates for Chinese Citizen applying for EB-1 or EB-2 have retrogressed to January 1 and May 1, 2000 respectfully. For Indian nationals, the cut-off date for the two preferences regressed to August 1, 2002 and November 1, 1999 respectfully.
The impact of this regression is significant and obviously will affect the application plan of a lot of individuals including those planning to apply for National Interest Waiver (NIW), alien of extraordinary ability, and even intra-company manager. People in those categories can apply for adjustment of status when they file the I-140 petition before the regression. Now, they can only apply for I-140 first and have to wait until the cut-off date becomes current in regard to their priority date to apply for adjustment of status.
For our readers and clients affected by this regression, the length of waiting time certainly has to be taken into consideration. You may also want to consider all the different options. Contact the immigration attorneys in Lin & Valdez, we will provide you our thought and opinion dealing with this treacherous development.