Immigration Issues/Visa Retrogression

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Question
Hello,

In the Visa Bulletin for April 2006, the cut-off date for Family First preference was April 22, 2001. In the Visa Bulletin for August 2006, it moved back to January 1, 1997. Does it means that there were some people for whom petitions were received between January 2, 1997 and April 21, 2001 missed their chances to apply for a visa in April, May and June when the cut-off dates were April 22, 2001? Where are their visas now?

Thank you for your reply.

Answer
Hi,

If a beneficiary was unable to file in April, 2006, he or she will be unable to file now unless their priority date is January 01, 1997. Hopefully the visa availability will be more generous in the coming months so that eventually the visa availability will be as it was in April, 2006.

If a beneficiary filed, say, adjustment of status in April, 2006 (let us say that their priority date was April 21, 2001) their adjustment of status will not be returned to the beneficiary by the USCIS because of visa retrogression. However, the USCIS will not approve the adjustment of status application until the priority date is current (also known as when a visa becomes available).

Regards,
Ajay K. Arora, Esq.
www.h1b1.com

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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