The July 2014 Visa Bulletin provides great news for Filipinos petitioned in the third preference (professional/skilled worker) and other (unskilled) worker categories, in that the priority date moved forward one year, from January 1, 2008 to January 1, 2009. Therefore, if your employer filed your labor certification case before January 2009, you may be eligible to file for adjustment of status or an immigrant visa. Note: if you are in the US and out of status, you would still need the benefit of Section 245(i) in order to adjust status through your employer’s petition.
Each month, the Visa Office of the State Department publishes, in the Visa Bulletin, the priority dates for that particular month, for the various family and employment based categories. A priority date is a person’s “place in line” for a visa, meaning that immigrant visas (or green cards) would be available for persons whose priority date is earlier than the cut-off date listed below. If your priority date was “current,” but later retrogressed (or “moved backwards” and became unavailable) before your immigrant visa was issued (or before you adjusted status in the US), you would have to wait until it becomes current again.
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Michael J. Gurfinkel is licensed, and an active member of the State Bar of California and New York. All immigration services are provided by, or under the supervision of, an active member of the State Bar of California. Each case is different. The information contained herein including testimonials, “Success Stories,” endorsements and re-enactments) is of a general nature, and is not intended to apply to any particular case, and does not constitute a prediction, warranty, guarantee or legal advice regarding the outcome of your legal matter. No attorney-client relationship is, or shall be, established with any reader.
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