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THE
OCTOBER
2005 PRIORITY DATES
by Michael J. Gurfinkel, Esq.
The priority dates for both employment-based petitions for professional and skilled workers, and for "other" (unskilled) workers became available again, as new quotas were opened with the start of the new immigration fiscal year on October 1, 2005. This means that petitioned workers whose priority dates are "current" under the October 2005 Monthly Visa Bulletin, may file for adjustment of status, or be issued immigrant visas. (For the past few months, visas for workers were "unavailable.")
The priority dates for all family-based petitions moved forward by at least three weeks. All petitions by US citizens moved forward by two months.
Petitions by Citizens :
The priority date for the First Preference Category, F-1 (unmarried sons and daughters of U.S. citizens, over 21 years of age) moved forward by two months, from March 22, 1991 to May 22, 1991 .
The Third Preference Category F-3 (married sons and daughters of United States citizens ) moved forward also by two months, from September 8, 1990 to November 8, 1990 . (Note: There is now a difference of 6-1/2 months in priority dates between unmarried and married sons and daughters of U.S. citizens.).
The Fourth Preference, F-4 (brothers and sisters of United States citizens) also moved forward by two months, from March 1, 1983 to May 1, 1983 .
Petitions by Green Card Holders :
The Second Preference, F-2A (spouse and minor children below 21 years of age, of green card holders ) of Family-Based Petitions moved forward by almost six weeks, from September 22, 2001 to November 1, 2001 .
The Second Preference, F-2B (unmarried sons and daughters, over 21 years of age, of green card holders), moved forward by three weeks, from April 1, 1996 to April 22, 1996 .
Petitions by Employers:
The Third Preference (professionals and skilled workers) of Employment-Based Petitions (Labor Certification), will have a priority date of March 1, 2001. The Third Preference (non-skilled workers), will have October 1, 2000 as the new priority date.
Each month, the Visa Office of the State Department publishes the priority dates for that particular month. This means that visas would now be available for persons whose priority date is earlier than the cut-off date listed below .
The October 2005 priority dates for the Philippines are as follows:
| FAMILY CATEGORY: |
|
Priority Date: |
| First Preference |
Unmarried sons and daughters of U.S. citizens
(over 21 years of age)
|
May 22, 1991
( In September 2005, the priority date was March 22, 1991.)
|
| Second Preference |
2A. Spouse and minor children
(below 21 years old) of green card holder
2B. Unmarried sons and daughters (over 21
years old) of green card holder
|
November 1, 2001
(In September 2005, the priority date was September 22, 2001.)
April 22, 1996
(In
September 2005, the priority date was April 1, 1996.) |
| Third Preference |
Married sons and daughters of
U.S. Citizens |
November 8, 1990
(In
September 2005, the priority date was September 8, 1990.) |
|
Fourth Preference
|
Brothers and sisters of U.S. Citizens
|
May 1, 1983
(In September 2005, the priority date was March 1, 1983.) |
| LABOR CERTIFICATION: |
| Third Preference |
Professional/Skilled Workers |
March 1, 2001
(In
September
2005, the priority date was
also unavailable.)
|
| Other Workers |
Non-Skilled workers |
October 1, 2000
(In
September 2005, the priority date was
also unavailable.)
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