September 2009 visa bulletin -

http://travel.state.gov/visa/frvi/bulletin/bulletin_4558.html

Spectacular news for EB2 folks. This is the kind of news that I know many were waiting for all year long. And hopefully this will stay at least for a few months so that all EB2 petioners that applied until January 8, 2005 actually get their green cards soon! Most of them applied for the I-485 in July 2007 already so this is their chance to get the actual elusive card.

This is especially good news since the 2003-2004 time period saw a lot of new jobs created in the US.  post-dot-com-bubble economic slowdown and 9/11 jitters were finally beginning to show signs of giving in. Several immigrants were able to secure these positions, primarily due to the rising demand for tech workers, moving from hyped dot com related businesses to a variety of businesses across the board. This group of individuals benefit from this bulletin significantly.

EB3’s face despair again. No dates available. If you think about it, this is September 2009 bulletin, still Fiscal year 2009. If it stays this way in the October 2009 bulletin, I’d be worried.

Here’s one thing for Eb3 applicatnts to consider. Those petitioners that applied into an EB3 4-5 years ago since they did not have the requisite amount of experience or educational qualification for EB2 at the time of filing, should consider interfiling an EB2 petition. Over the last 4-5 years, if you are now caught up and satisfy the requirements of an Eb2 filing, you can request your employer to initiate a fresh Eb2 filing for you. When the I-140 for this new filing is approved, “inter-filing” allows you to retain your priority date from the EB3 filing but get processed using EB3 cutoff dates.

The September 2009 visa bulletin should certainly has EB3’s thinking about this option. However, reality is that most companies are trying to cut costs and with a significant rise in unemployment, new employment-based labor petitions are being scrutinized a lot more closely than before. In such an environment, companies are going to think twice before spending another $5000 or so to file for labor, I-140, Etc. all over again.

Comments/thoughts?

Given EB2 movement, should EB3's inter-file under EB2 if applicable?

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