EB-2 India Category Advances In September, F2A Remains Current For All Countries

According to the recently issued Department of State (DOS) Visa Bulletin which includes priority date processing information for the month of September 2013, the EB-2 India¹ category will again advance significantly—by five and a half months.  Beginning on September 1, 2013, a person with a pending or approved I-140 Immigrant Petition in the EB-2 India category with a priority date of June 15, 2008, or earlier, may file an I-485 Application for Adjustment of Status or proceed with Consular Processing abroad to begin the final step in the “greencard” process.  If this final phase of greencard paperwork was already pending, awaiting a current priority date, the government should resume processing of that pending application.

In addition to simply moving the process forward, the advantage to being able to file an I-485 application is that the applicant also files applications for employment authorization and advance parole.  Eligible, dependent family members may also file their I-485 applications and seek the corresponding employment card and travel document benefits.  Of course, it is always best to maintain non immigrant status even when an I-485 is filed or pending.

Those who will be eligible to file I-485 applications or undergo consular processing beginning on September 1, 2013, should seek the assistance of a competent attorney practicing immigration law to help ensure that the process goes smoothly and an opportunity is not missed.

A person with a pending application whose priority date will become current on September 1, 2013, or recently became current, is advised to seek the assistance of an immigration attorney to determine whether contact should be made with the appropriate government office to make sure the agency is aware of the current priority date.  Note that the EB-2 India priority date for August 2013, was January 1, 2008.

The Family 2A (F2A) category remains current for the month of September.  The  F2A category is for the spouse of a US permanent resident.

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