September 12, 2005

VISA RETROGRESSION - EMPLOYERS ADVISED TO CONTACT THEIR SENATORS AND CONGRESSMEN

The October 2005 Visa Bulletin has been posted by the State Department and confirms the worst fears for Indian Nationals who are affected by retrogression the most.

http://travel.state.gov/visa/frvi/bulletin/bulletin_2631.html

If the I485 Adjustment of Status Application has not yet been filed, it cannot be filed until a visa number becomes available based on the filing date of the underlying Labor Certification (the Priority Date). If the application has been filed and is either at a Service Center, District Office, or Consulate, it shall remain in their file room until visa numbers become available for further adjudication. If spouses have not yet been attached to the pending 485 applications they cannot be unless the spouse was born in country other than those affected by visa retrogression.

This retrogression severely affects the impacted parties. Once again we must reiterate that all applicants continue to maintain H-1B AND H4 (for their spouses) until 485's can be filed, and preferably through to green card approval, including extensions beyond the 6 year term which are allowed under AC21. Also, please be mindful to also file extensions for your spouse/children as well. Once the I140 is approved 3 year H-1B extension can be requested. Until the I140 approval, extensions will be granted in one year increments only.

Lastly, but not the least, employers need to start contacting their Congressmen and Senators about this problem and the adverse consequences of visa unavailability, from both personal and commecrial perspectives. There is legislation pending in Congress that addresses this issue, but in the wake of the hurricane and other higher profile issues, it is very important that Congress hears from all of us.

To contact an M&S representative immediately, please select from the options below.