EB-2 for India/China to Retrogress

Although immigrant visa beneficiaries from India and China have enjoyed the recent priority date advancement in the EB-2 visa category, that will likely change soon.  Charles Oppenheim, Chief of the Visa Control and Reporting Division at the State Department, predicts a priority date retrogression in the coming months that will last the remainder of the fiscal year.  Mr. Oppenheim stated that the EB-2 category for India and China will likely move from May 2010 back to August 2007, as early as May.  Those able to file their adjustment of status applications during the priority date advancement in recent months may find themselves back in the visa backlog, although they will be able to continue to apply for interim work and travel permission since their adjustment applications will remain on file.  Those who missed the opportunity to file will keep their priority dates, and will need to continue to maintain valid nonimmigrant status until their priority dates are current.

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