今天收到学校国际学生学者办公室关于排期的通知，希望对大家了解排期有所帮助
Dear scholars from China and India,
I am sending this information to you in the event that you have applied for permanent residency or intend to apply for permanent residency.
It was announced last week that employment-based immigrant visa numbers will start to backlog in all employment-based categories for applicants
born in China and India starting October 1, 2005. All other countries in EB-1 and EB-2 are not backlogged for October.
EB-1 (Outstanding Researcher/Professor; Extraordinary Ability, no Labor Cert):
* China - January 1, 2000
* India - August 1, 2002
EB-2 (National Interest Waiver, Advanced Degree Professional; Labor Certification for jobs requiring a Master's degree or higher):
* China - May 1, 2000
* India - November 1, 1999
EB-3 (Skilled Workers/Professionals; Labor Certification for jobs requiring a Bachelor's degree):
* China - May 1, 2000
* India - January 1, 1998
* Mexico: January 1, 2001
* Philippines: March 1, 2001
* All other countries: March 1, 2001
What Does This Mean?
Starting October 1, 2005, it means that if your priority date is before the date listed for your EB category and you have an approved I-140 immigrant
petition, you may file an I-485 adjustment of status application. If your priority date is on or after the date listed, you cannot file your I-485 at this time. You need to maintain your current immigration status to remain in the U.S.
What Is a Priority Date?
Your priority date is the date on which your Labor Certification was received by the Department of Labor or, if you did not have to file a Labor
Certification, the date your I-140 immigrant petition was received by Immigration.
I Was Born in China/India, but I Am a Citizen of Another Country Now
Visa numbers are based on your country of birth, regardless of your current citizenship. But if your spouse was born in another country that is not
subject to the backlog at this time, you will be able to "cross-charge" your I-485 application to your spouse's country (this is known as "alternate
chargeability").
My I-485 is Already Pending with Immigration, What Now?
If you already have a pending I-485 adjustment of status application with Immigration, you will continue to be able to apply for and/or to renew your work and travel permits while the backlog continues. USCIS will not process your I-485 application until your priority date is current however.
My Labor Certification Is Still Pending, What Now?
Your priority date determines when you will be able to file your I-485, so if your Labor Certification has been pending a long time, you may be able
to file your I-140 immigrant petition and I-485 adjustment of status application at the time the Labor Certification is approved, depending on what the backlog date is for your country at that time.
What about My H-1B Status; My 6 Years Are Almost Reached?
If your Labor Certification or I-140 immigrant petition has been pending for at least 365 days, we will continue to be able to extend your H-1B status for one year at a time beyond the normal 6-year maximum in H-1B status.
Once your I-140 has been approved, and if your country is still backlogged so you cannot file your I-485, we can continue to extend your H-1B status beyond 6 years.
Will These Backlog Dates Change?
Yes, they will eventually change. It is also possible that they may retrogress further. To stay informed about the dates, you may wish to
subscribe to the monthly Visa Bulletin published by the State Department:
http://travel.state.gov/visa/frvi/bulletin/bulletin_2631.html
If you have any questions about how this may affect you, please feel free to e-mail me or come in for an appointment. You can make an appointment by calling our receptionist at
Regards,
Associate Director
International Student & Scholar Services
Office of International Programs