Clarity and Strength in Immigration Law

July 2014 Visa Bulletin: Analysis & What to Do Next

The July 2014 Visa Bulletin was just published, and as usual, it brings a mixture of good, bad, and neutral news. For most categories, the priority dates stayed the same, retrogressed, or moved up a little. However, the big news for the July 2014 Visa Bulletin is the EB-2 India category, and the EB-3 Philippines category. It’s like Christmas in July for some lucky souls!

The EB-2 India category has advanced almost four years, and the July priority date will be 01 Sept 2008! Likewise, the EB-3 Philippines priority date has moved up a year, and will be 01 Jan 2009 for July 2014.

My Priority Date is Current in July: What Do I Do?

If your priority date will be current in July 2014, your I-140 petition is approved, and you have not already filed the I-485 application for adjustment of status, you should start preparing the documentation to file that now. Your package must not reach USCIS until July 1 at the earliest. If your package is delivered when the priority date is not yet current, it will be returned to you (but this process sometimes takes several weeks). On the other hand, it’s usually a good idea to file as soon as you can. This way if there is an error in the filing (incorrect check, missing page, etc.) and the package is returned to you, there will hopefully still be time to refile before the priority date retrogresses again.

If your priority date is current in July 2014 and you already have an approved I-140 petition and have already submitted the I-485, it would be prudent to remind the Service Center where your application is pending that the date is current. Your immigration attorney can assist with this process.
If your priority date is current and you have not yet filed the I-140 petition or the I-485 (for example if you are recapturing the priority date from a previous I-140 filing):

 

  • You can either go ahead and file the I-140 petition now (assuming your labor certification is approved, if your type of filing requires a labor certification), and then file the I-485 in July with a copy of the I-140 petition receipt or
  • If time permits, you could wait and file the I-140 petition and I-485 concurrently in July. 

How do I file the I-485? If you need an attorney to assist with the I-485 filing, we are happy to assist. Please contact our office at 804-396-3412 or at info@sumnerimmigration.com and our team will be happy to assist.

I don’t have a priority date. What should I do? You can read all about priority dates here.  Then, contact our office for assistance in forming a permanent residence strategy, whether through your family or via employment-based immigration. Please contact our office at 804-396-3412 or at info@sumnerimmigration.com and our team will be happy to assist.

Happy filing!