Possible Visa Number Regression and Cut-off Dates for Indian and Chinese

 

Dr. William:

It is reported that there may be a possible visa number regression and cut-off dates for EB-3 category for Indian and Chinese, Please confirm this. Does this mean that people can not file I-485 application? 


A: According to Department of State, starting at January 2005, it is possible that there would be visa cut-off dates for EB-3 category for India, China, and Philippines. If that happens in the January 2005 Visa Bulletin, the USCIS will accept until the end of December 2004 the I-485 applications and concurrent I-140/I-485 applications even if the visa number will not be available under the January 2005 Visa Bulletin, and USCIS may continue to issue EAD and Advance Parole to these applicants.

After the visa number regression and cut-off dates, the I-485 applicants will have to wait a long period of time within the USCIS until certain date will become available for the applicants. While the visa number is not "current", other people can not file I-485 and need to wait for the visa number. The long waiting time always accompanies the risk of losing the job with the sponsoring employer for various reasons.

 

     

 

 

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