It now looks as though we are going to see the China/India EB2 cutoff date advance for at least the next few months. At some point, however, these advances will stop and the cutoff date will retrogress – most likely back to somewhere in 2009. While it is one thing to be able to get a green card application on file when your priority date is current, it is quite another to get the USCIS to complete the processing of your case before retrogression. There is, however, an elegant solution for many: AC I-140 processing.
Applicants need to remember that their priority date must be "current" for their preference category both on the day that they file and on the day that they either have their status adjusted by the USCIS or they receive an immigrant visa at a consular post abroad. If a visa cutoff date retrogression occurs after an adjustment of status (AOS) applicant files an I-485, the application will remain on file, but cannot be approved until the applicant's priory date becomes current again. Consider that some people who filed for adjustment of status in July 2007 are still waiting for this to happen.
Those applicants who are interested in actually obtaining their green cards, not just filing an application for adjustment of status, should give serious consideration to AC I-140 processing in the next few months. AC I-140 processing generally takes 90 days or less. If you qualify, you could have your green card in your hand withn a few months through this path.
There is no guarantee that the current window of opportunity will remain open. If it does, and you can beat the clock, then you win the gold ring and walk away with your green card in your pocket. If it closes before you can complete the process, however, there is still a safety net available.
The Visa Bulletin is usually released around the 10th of the month in which it becomes effective. If you are attempting to process through the AC I-140 path, but discover that you are going to run out of time before your interview can be scheduled, you still have the option of filing for adjustment of status before the end of the month.
