May 2012 Visa Bulletin was released on Friday and the priority dates are 15 AUG 07 for EB2 India and 08 SEP 02 for EB3 India. For China, the numbers are 15 AUG 07 for EB2 and 01 APR 05 for EB3. EB2 India date has moved back almost 3 years while EB3 India has moved 7 days compared to last visa bulletin.
As expected and mentioned in various law firm websites, the EB2 India dates moved back to 15 AUG 07. But, there are 2 items to note in the Visa Bulletin. Under the explanation of retrogression section, the DOS has mentioned that they will do everything possible to bring the date back, depending on the demand. In the Visa availability in coming months section, it is mentioned that EB2 India and China might become "Unavailable". From the Capitol Immigration Lawgroup PLLC website, we also know that, effective March 23, 2012, no further EB-2 green cards will be approved for China and India applicants with priority dates of August 15, 2007, or later.
It is a bad news all over for EB2 India applicants. Just as we are trying to digest the retrogression factor, the dates becoming potentially unavailable is worse. I think the department is trying different things over the years. Last couple of years, they were waiting till almost last 4 months of the fiscal year to move the EB2 India dates and approve them. This year, they started the movement right from start of fiscal year in October 2011 and they have been approving the applications in the anticipation/prediction of the demand. What has happened because of this is, the folks with April 2008 Priority Date have been approved, according to Trackitt data. But now, folks with 2007 priority dates have to wait, if they have not already approved.
It becomes more important for folks who are in EB2 India category and have priority date between August 2007 and April 2010 to file their I-485 soon. As of now, they have time till 30-April-2012 to file it.
For EB3 India, it is going to move at this pace only till there is a legislative change. The reason being there is no spill over to EB3 India category. Hence only about 2800 green cards are given for this category every year.
To view the May 2012 Visa Bulletin -- Click Here
To view Capitol Immigration Lawgroup PLLC website -- Click Here
To view Trackitt website -- Click Here