What does it mean?State Department Prediction of Cutoff Dates

[baywatcher]

from immigration-law.com

09/15/2004: State Department Prediction of Cutoff Dates of Employment Based Immigration Priority Dates

We reported on September 2, 2004 that the employment-based immigration priority dates may experience a set-back sooner or later. The report was based on the State Department forecast in its August 2004 Visa Bulletin. The AILA reports that the upcoming October 2004 Visa Bulletin will carry a State Department prediction that the cutoff date for employment based immigration may come earlier than predicted, as early as January 2005! It is an irony that one group of immigrants have to make other group of immigrants weep to settle down in this country

 

[niladri30]

baywatcher,

The following are from www.uscis.gov, with minor edits:

Per-Country Limit - The maximum number of family-sponsored and employment-based preference visas that can be issued to citizens of any country in a fiscal year. The limits are calculated each fiscal year depending on the total number of family-sponsored and employment-based visas available. No more than 7 percent of the visas may be issued to natives of any one independent country in a fiscal year; no more than 2 percent may issued to any one dependency of any independent country. The per-country limit does not indicate, however, that a country is entitled to the maximum number of visas each year, just that it cannot receive more than that number. Because of the combined workings of the preference system and per-country limits, most countries do not reach this level of visa issuance.

If, on a particular date, no more visa numbers are available beyond some particular date, the visa bulletin will mention that cut-off date from time to time.

Priority Date - In the USCIS Immigrant visa petition application process, the priority date is the date the petition (Labor Certification, in case of GC) was filed. If the alien applicant has a priority date on or before the cut-off date listed in the visa bulletin, then he or she is currently eligible to file for a I-485, provided that an I-140 has been approved, or is filing concurrently.

If one's priority date is before the cut-off date, it is said to be "current". If one's priority date is not current, then one MUST wait till it is, before filing a I-485 application. USCIS wil reject (not deny) the application otherwise.