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Welcome to the Immigration News section of www.bashyamspiro.com. This is where you will find the latest updates on Immigration news, laws and procedures. 
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Visa Bulletin Articles

Friday, November 14, 2008
DOS Releases December 2008 Visa Bulletin
By admin @ 11:27 AM :: 12 Views :: 0 Comments :: News, Visa Bulletin
The U.S. Department of State (DOS) released its December 2008 Visa Bulletin, and guess what? It looks just like the November Visa Bulletin! Unfortunately, there was no forward progress for India and China in the employment-based preference two (EB2) category, and employment-based preference three (EB3) stayed the same. The good news is that employment-based preference one (EB1), and Mexico, Philippines and All Other Chargeability Areas in EB2 remained ‘current’.

To view the entire December 2008 Visa Bulletin, please go to
THIS LINK.
Thursday, October 16, 2008
State Department Releases November 2008 Visa Bulletin
By admin @ 4:24 AM :: 83 Views :: 0 Comments :: News, Visa Bulletin

The U.S. Department of State released its November 2008 Visa Bulletin.  The bulletin can be accessed at the 'Processing Times' link on our home page.

With this Visa Bulletin, there is good news.  Employment-Based Two (EB2) category for India and China moved forward a few months.   Employment-Based Three (EB3) category also moved forward for all nationalities.

We will post the December 2008 Visa Bulletin on www.bashyamspiro.com when it becomes available.

Friday, September 12, 2008
DOS Releases October 2008 Visa Bulletin
By admin @ 11:48 AM :: 130 Views :: 0 Comments :: Visa Bulletin

The US Department of State released its October 2008 Visa Bulletin.  Unfortunately, employment-based category two (EB2) retrogressed for India and China.  Also, there wasn't much forward movement for employment-based category three (EB3).  To view the entire Visa Bulletin, please go to THIS LINK.

Friday, August 08, 2008
Bill To Recapture Immigrant Visas Introduced in Senate
By admin @ 2:41 PM :: 206 Views :: 0 Comments :: Visa Bulletin, I-485 Adjustment of Status

A bill (S.3414) that would recapture family-sponsored and employment-based immigrant visas lost to bureaucratic delays was introduced in the U.S. Senate.  Similar to the bill passed by the House Judiciary Subcommittee, this bill would also prevent loses of family and employment-based immigrant visas in the future.   To read the entire text of this bill, please go to THIS LINK.

There seems to be positive movement in Congress when it comes to helping out the immigrant visa backlog.  As more information becomes available, we will post it at www.bashyamspiro.com.

Monday, August 04, 2008
House Moves on Immigration Reform Bills
By admin @ 4:26 PM :: 176 Views :: 0 Comments :: Visa Bulletin, I-485 Adjustment of Status

In what could be considered a positive step for at least some immigration reform this year, the House Judiciary Subcommittee held a mark-up session today and approved three pieces of immigration-related legislation.

H.R. 6020, sponsored by Representative Lofgren (D-CA), would amend the INA to allow soldiers who have served in support of contingency operations to be eligible for naturalization and for other purposes.

H.R. 5882, sponsored by Representative Lofgren (D-CA), would recapture employment-based and family-sponsored immigrant visas lost to bureaucratic delays and to prevent losses of these visas in the future.

H.R. 5924, sponsored by Representative Wexler (D-FL) would provide 20,000 employment-based visas per year for three years specifically for nurses.

All three bills will now go to the full House Judiciary Committee for review. A review date has not been set. We will watch these important bills closely and will provide an update as new information becomes available.

Sunday, July 13, 2008
DOS Releases August 2008 Visa Bulletin
By admin @ 1:57 PM :: 179 Views :: 0 Comments :: News, Visa Bulletin, Other

The U.S. Department of State released its August 2008 Visa Bulletin.  Although employment-based category three (EB3) remains ‘unavailable’, employment-based category two (EB2) made a considerable jump to June 2006 for citizens of India and China.  We think that EB3 will continue to be ‘unavailable’ until at least October, when the new USCIS fiscal year begins.

To access the Visa Bulletin, please go to the Processing Times link on our web site.

Friday, June 13, 2008
DOS Releases July 2008 Visa Bulletin
By admin @ 6:18 AM :: 184 Views :: 0 Comments :: News, Visa Bulletin

The U.S. Department of State (DOS) released its July 2008 Visa Bulletin.  According to the bulletin, employment-based category three (EB-3) for professionals and skilled workers will become 'unavailable' in July.  To view the entire visa bulletin, please go to the Processing Times link on our home page at www.bashyamspiro.com.

Saturday, March 22, 2008
DOS Releases April 2008 Visa Bulletin
By admin @ 8:13 AM :: 211 Views :: 0 Comments :: News, Visa Bulletin

The Department of State recently released its April 2008 Visa Bulletin. The good news in the bulletin is that Employment-Based Category Two (EB2) is no longer ‘unavailable’ for Indian nationals. The cut-off date in that category for Indian nationals is now December 1, 2003.  To view the entire April 2008 Visa Bulletin, please go to the Processing Times link on the home page of this web site.

Sunday, January 13, 2008
DOS Releases February 2008 Visa Bulletin
By admin @ 12:48 PM :: 288 Views :: 0 Comments :: News, Visa Bulletin

The United States Department of State (DOS) released its February 2008 Visa Bulletin. As we predicted in a recent issue of our Immigration News Weekly, the Employment-Based Second Preference Category (EB2) for Indian nationals has become ‘unavailable’. That means the demand for this category has exceeded the supply of immigrant visas available for this fiscal year.

To view the entire February Visa Bulletin, please go toTHIS LINK and click on State Department Visa Bulletin.

We will discuss the February Visa Bulletin and the ramifications of EB2 unavailability for Indian nationals in the next issue of our Immigration News Weekly.

Tuesday, January 08, 2008
Priority Dates, Immigrant Visa Availability - What Does It All Mean?
By admin @ 4:28 AM :: 1604 Views :: 21 Comments :: :: News, Labor Certification (PERM), Visa Bulletin, I-140 Petitions, I-485 Adjustment of Status
Having been immigration lawyers for over a decade, we have provided advice to thousands of immigrants on a variety of immigration matters. One of the most difficult areas of immigration law to explain to an intending immigrant is the concept of priority dates and immigrant visa numbers. If you have had a consultation with a lawyer on obtaining permanent residency, you may have heard a lawyer say, "you have to wait until an immigrant visa number is available and your priority date becomes current." That sounds nice, but what do all of those words mean?
 
A 'priority date' is the date a labor certification or immigrant petition (I-140 or I-130) is filed on your behalf. The date the case is received by the government agency is your priority date. For example, if you are an employee of Corporation Inc. and they file a labor certification for you that is received by the Department of Labor on January 11, 2008, that becomes your priority date for the rest of your case. If a labor certification is not needed for your case, the date an I-140 Immigrant Petition for Alien Worker is filed on your behalf is the priority date. In the family immigration context, if you are a U.S. permanent resident and you file an I-130 Petition for Alien Relative for your spouse in Russia on January 10, 2008, that date becomes your spouse's priority date. These are just a few examples of how a priority date can be set for an intending immigrant.
 
An 'immigrant visa' is the legal term for permanent residency or "green card". The U.S. government created per-country limits on immigrant visa or permanent residency availability. There is a maximum number of family-based and employment-based immigrant visas that can be issued to citizens of each country in a fiscal year. If the demand for immigrant visas exceeds the numbers allotted for a country in that year, an immigrant visa would be 'unavailable'.
 
So what does an 'immigrant visa' have to do with a 'priority date?' The Department of State issues a Visa Bulletin every month that provides the date of immigrant visa availability for all employment and family-based preference categories. If an intending immigrant has a priority date that is on or before the date listed in the Visa Bulletin for his/her preference category and nationality, then a visa is available for that person. An available visa would allow the applicant to apply for an I-485 adjustment of status or initiate consular processing of their residency application outside the United States.
 
For example, Corporation Inc. files a labor certification on your behalf on January 10, 2008 and it was received by the Department of Labor on January 11, 2008. That is your priority date. Your labor certification was then approved on June 15, 2008. Your employer can file an I-140 Immigrant Petition for Alien Worker on your behalf once the labor certification is approved. However, whether or not you can file an I-485 Adjustment of Status Application depends on whether an immigrant visa is available to you. You would need to look at the Department of State Visa Bulletin for June, check the priority dates for your preference category and country, and see if your priority date is on or before that date. If so, you can go ahead and file the I-485 adjustment because a visa number is available. If your priority date is later than the date in the Visa Bulletin for your preference category, you will have to check the Visa Bulletin in each of the subsequent months to see if the date has changed. Only if an immigrant visa is available based on your priority date can your residency case move forward to completion.
 
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