Good News for EB2 on Upgrade numbers


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Visa bulletin has been posted on official website. Last month USCIS was unsure about upgrade cases from EB3 to EB2 so didn't move the dates much. Now they are anticipating numbers to be minimum so EB2 should fly in coming months. Please see the note from Visa Bulletin :



As mentioned in the May Visa Bulletin, Section 202(a)(5) of the Immigration and Nationality Act (INA) prescribes rules for the use of potentially “otherwise unused†Employment numbers. During May the India Employment Second preference cut-off date is governing the use of such numbers, because India had reached its Employment Second annual limit.

Since October there has been heavy demand by applicants "upgrading" their status from Employment Third to Employment Second preference. The rapid forward movement of the India Employment Second preference cut-off date in May had the potential to greatly increase such demand. Therefore, the determination of the June cut-off dates was delayed in order to monitor this demand. At this time the amount of new "upgrade" demand has been minimal; this has allowed the Employment Second preference cut-off date governing the use of the Section 202(a)(5) numbers to advance significantly for June. The same cut-off date will apply to both China and India Employment Second preference. Note that under INA Section 203(e) all of the “otherwise unused†numbers must be provided strictly in priority date order regardless of the applicant’s chargeability.

Cut-off date movement for upcoming months cannot be guaranteed, and because of the variables involved, no assumptions should be made until the dates are formally announced. Should there be a sudden or significant increase in India and China Employment Second preference demand it may be necessary to slow, stop, or retrogress that cut-off date as we approach the end of fiscal year 2011.

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If you see many Perm forums there are significant number of labor approvals happening for EB3 to EB2 porting in May first and second week. So this will come in picture most likely in July or Aug bulletin as the I140 results will start to come out by then. If not this will definitely play role in next fiscal year EB2 quota.

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Originally posted by sam4451:

Is there any chance that the EB2- India retrogress to before Aug 2006?

Do you mean before Aug 2011 visa bulletin? Mostly don't see that happening but past few years the all the numbers being consumed by early Sep. So hopefully it should be good for you.

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Originally posted by sam4451:

I meant PD for EB-2 India moving to Jul 2006. My date PD is end of Jul. I was worried if before my case is processed in June the dates retrogress increasing the wait.

I think dates won't retrogress, if at all then EB2 India will go unavailable till Oct 2011 which I see very unlikely till Sep 2011.

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