Bashyam Spiro LLP Priority Dates And How It Impacts Residency Applications

What is a Priority Date and How Does it

Impact Your Permanent Residency Application?

May 26, 2010

Murali Bashyam and Ame CoatsBashyam Spiro LLP

www.bashyamspiro.com

Please note:This Internet seminar is intended solely to provide

information to the public. Nothing in this webinar should be taken as legal advice or legal opinion for any

individual case or situation.

The information is offered for general information and educational purposes only.

The participation in this webinar does not create an attorney-client relationship.

TODAY’S OBJECTIVES

THE PRIORITY DATE WHAT IS IT? FAMILY-BASED CASES EMPLOYMENT-BASED CASES RECAPTURING A PRIORITY DATE FINDING YOUR PRIORITY DATE

PER COUNTRY LIMITS BY THE NUMBERS (FAMILY AND EMPLOYMENT CATEGORIES) HOW DOES IT WORK?

HOW IT IMPACTS YOUR GREEN CARD APPLICATION OVERVIEW VISA BULLETIN EXAMPLES TERMS THAT IMPACT YOUR CASE YOU NEVER KNOW!

THE PRIORITY DATE

WHAT IS A PRIORITY DATE?

FAMILY-BASED CASES

EMPLOYMENT-BASED CASES

RECAPTURING A PRIORITY DATE

FINDING YOUR PRIORITY DATE

What is a Priority Date?

Determines an Individual’s Place in Line in the Visa Queue

When Priority Date Becomes ‘Current’, Eligible to Apply for Immigrant Visa (a.k.a I-485 AOS or Consular Processing)

Priority Dates for Family Sponsored Cases

Date Petition is Properly Filed w/USCIS

Example: I-130 filed May 26, 2010 = That’s the Priority Date!

What Does Properly Filed Mean?

Priority Dates for Employment Cases

The Priority Date is Either:

The Date the Petition was Properly Filed with USCIS, or

The Date the Labor Certification Application was Accepted for Processing by the Department of Labor

Recapturing a Priority Date

If I-140 Approved in EB1, EB2, or EB3, Can Transfer Priority Date to New Case

Cannot Transfer to EB4 or EB5 Cases

What if USCIS Revokes Approved I-140?

Finding Your Priority Date

PER COUNTRY LIMITS

BY THE NUMBERS (FAMILY AND EMPLOYMENT CATEGORIES)

HOW DOES IT WORK?

By The Numbers

Employment–Based: 140,000 per year

Family-Based: 226,000 per year

HOW DOES IT WORK?

Total Number of Employment-Based (EB) Numbers Allocated as Follows:

EB-1 = 140,000 * 28.6% = 40,000 EB-2 = 140,000 * 28.6 = 40,000 EB-3 = 140,000 * 28.6 = 40,000 EB-4 = 140,000 * 7.1% = 10,000 EB-5 = 140,000 * 7.1% = 10,000

140,000 Visas are Divided Between all Five EB Categories

Now it’s Time to Allocate Them for Each Country!

How Does It Work, Cont’d

There is a Per Country Cap in Each EB Category of 7%

EB-1 = 40,000 *7% = 2800 + unused EB-4 and EB-5 EB-2 = 40,000 * 7% = 2800 + unused EB-1 EB-3 = 40,000 * 7% = 2800 + unused EB-2 EB-4 = 10,000 * 7% =700 EB-5 = 10,000 * 7% = 700

Total = 9800 Per Country, Per Year

How Does It Work, Cont’d

For Family-Sponsored Preferences (226,000 Total):

First: Unmarried Sons/Daughters of USCs – 23,400 Second: Spouses/Children, Unmarried Sons/Daughters of

LPRs – 114,200 Third: Married Sons/Daughters of USCs – 23,400 Fourth: Brothers/Sisters of USCs – 65,000

USCIS I-485 INVENTORY REPORT (as of 12/2009)

Pending I-485 Applications for Nationals of India:

EB-1 = 718 (2800 Available Per Year) EB-2 = 47,728 (2800 Available Per Year) EB-3 = 62,607 (2800 Available Per Year) EB-4 = 123 (700 Available Per Year) EB-5 = 13 (700 Available Per Year)

Comparison: Philippines has 510 Cases Pending in EB-2

That’s How a Country Becomes Oversubscribed!

HOW DO PRIORITY DATES/PER COUNTRY LIMITS IMPACT YOUR GREEN CARD APPLICATION

OVERVIEW VISA BULLETINEXAMPLESTERMS THAT IMPACT YOUR CASEYOU NEVER KNOW!

OVERVIEW

How Long You Wait for a Visa Depends on:

Your Priority Date Your Preference Category The Country Your Visa Will Be Charged To (Usually

Country of Birth)

June 2010 Visa Bulletin

Bulletin Available at State Department Web Site:http://travel.state.gov/visa/bulletin/bulletin_1360.html

CONT…

Bulletin Available at State Department Web Site:http://travel.state.gov/visa/bulletin/bulletin_4879.html

EXAMPLES

Employment-Based: Employee is an Indian National. Employer filed PERM Labor Certification for E’ee on March 2008. The E’ees I-140 Petition Has Been Approved. What’s Next?

Family-Based: Mother is a U.S. Citizen. She Wants to Sponsor her 25 Year-Old Son who is a Chinese National. The Mother files an I-130 Petition for Him on June 10, 2006. What’s Next?

TERMS THAT IMPACT YOUR CASE

CURRENT – Good!

UNAVAILABLE – Bad!

RETROGRESSION – Darn It!

CROSS-CHARGEABILITY – Don’t Forget It!

YOU NEVER KNOW! Jump Forward, Jump Backward, Stay The Same The 2007 Surprise From a USCIS Q/A:

Q: Can you tell me when I will get a visa?A: Unfortunately, we cannot determine how long it will take for you to get a visa.

Immigration Reform Forrest Gump: “Life is Like a Box of Chocolates, You Never

Know What You’re Going to Get” = Patience is a Virtue

QUESTIONS?Please Type Your Question into

the Chat Box on the Webinar Panel…

THANK YOU!

Join Us for Our Next Webinar on H-1B RFEs on the ‘Right to Control’ Issue - Wednesday, June 9,

2010

Murali Bashyam – [email protected] Coats – [email protected]

Call us at: 919-833-0840

Bashyam Spiro LLP Priority Dates And How It Impacts Residency Applications

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Transcript of Bashyam Spiro LLP Priority Dates And How It Impacts Residency Applications