VISA BULLETIN FOR AUGUST 2012

The following information is provided by the Visa Office regarding the cut-off dates for the month of August 2012.

FAMILY PREFERENCES

F1 - Family first preference: Unmarried sons and daughters over the age of 21 years of U.S. Citizens. The cut-off date has moved forward by three (3) weeks for most of the countries including India to August 1, 2005.

F2A - Family second preference: Spouses and minor children, and unmarried sons and daughters of permanent residents. The cut-off date has moved forward by four (4) weeks for most countries including India to March 15, 2010.

F2B - Family second preference: Unmarried sons and daughters over 21 of permanent residents. The cut-off date has moved forward by seven (7) weeks for most of the countries including India to June 22, 2004.

F3 - Family third preference: Married sons and daughters of U.S. Citizens and their spouses and children. The cut-off date has moved forward by two (2) weeks for most of the countries including India to May 1, 2002.

F4 - Family fourth preference: Brothers and Sisters of U.S. Citizens. The cut-off date has moved forward by three (3) weeks for most of the countries including India to February 15, 2001. (The cut-off date for China-mainland born is January 8, 2001.)

EMPLOYMENT PREFERENCES

EB1 -­ Priority Workers: The cut-off date for this category for all countries including India is CURRENT.

EB2 - Advanced Degree holders: The cut-off date for this category for most countries did not move and remains the same at January 1, 2009. For India, it is still unavailable.

EB3 - Professional Skilled Workers: The cut-off date for this category has moved forward by six (6) weeks to September 8, 2006 for most of the countries and for India, it has moved forward by one (1) week to October 1, 2002.

EB3 - Other Workers: The cut-off date for this category has moved forward by six (6) weeks to September 8, 2006 for most of the countries and for India, it has moved forward by one (1) week to October 1, 2002.

EB4 - (Certain Special Immigrants), EB4 (Certain Religious Workers), EB5 (Targeted Employment Programs) & EB5 (Pilot Programs) is CURRENT for all countries including INDIA.

CONDITIONAL STATUS for certain spouses and children of U.S. Citizens or Permanent Residents:

Alien spouses and their children are granted conditional status if, at the time of the granting of permanent residence, the qualifying marriage, upon which the right to a visa was based, had occurred less than two years previously. The conditional status expires two years from the date on which the adjustment of status was granted or the date on which the alien entered the U.S. as an Immigrant. A conditional resident and his or her citizen or permanent resident spouse are required to file a joint petition for removal of the "condition" 90 days prior to the second anniversary of the conditional's admission into the United States. If a joint petition cannot be filed because the marriage has been terminated, or the petitioning spouse is deceased or unwilling to file the application for removal, the conditional resident may file an application to waive the joint petition. A waiver of the requirement may be granted on the grounds of extreme hardship, a good faith marriage, or where the spouse or child was battered or subjected to extreme cruelty committed by the citizen or permanent resident spouse or parent.

AUTOMATIC CONVERSION OF PETITIONS

Conversion of Immediate Relative Petition to the First or Third Preference Category

If the child of a U.S. citizen is the beneficiary of an immediate relative petition, the petition automatically converts to a first preference petition if the child reaches the age of 21 and remains un- married. If the child should marry, the immediate relative petition converts to third preference petition. The priority date of the first preference petition is the filing date of the immediate relative petition.

Conversion of First Preference Category Petition to Third Preference Petition

If the unmarried son or daughter of a U.S. citizen marries before the visa is issued, the beneficiary's first preference petition automatically converts to a family third preference petition. Any child(ren) of the beneficiary would then be entitled to derivative third preference status. The priority remains the same.

Conversion of Second Preference Petition to Immediate Relative Petition

A second preference petition for the spouse of a lawful permanent resident automatically converts to an immediate relative petition if the petitioner becomes a U.S. citizen. However, derivative second preference status for the beneficiary's child(ren) does not convert, since there is no derivative status for immediate relative petitions. The petitioner must file a separate petition for the child, if the child meets the definition of "child" as defined in the Foreign Affairs Manual. The priority remains the same.

Conversion of Second Preference Petition to First Preference Petition

A second preference petition for the unmarried son or daughter of a lawful permanent resident automatically converts to a first preference petition if the petitioner becomes a U.S. citizen. The ac- companying or following-to-join child(ren) would also be entitled to derivative first preference status. The priority date remains the same.

Conversion of Third Preference Petition to First Preference Petition

A third preference petition approved for a married son or daughter of a U.S. citizen who has since become widowed or divorced automatically converts to ac- cord first preference status (or immediate relative status if the beneficiary is under the age of 21). If the petition converts to first preference, the accompanying or following-to-join child(ren), may be granted derivative first preference status. The priority date remains the same.

There is no derivative status for the child(ren), if the beneficiary becomes en- titled to immediate relative status.