In the May 2012 Department of State Visa Bulletin, the China-Mainland and India employment-based second preference (EB-2) immigrant visa cut-off dates will retrogress by almost three years, to August 15, 2007 (The cut-off date for those countries in the April 2012 Visa Bulletin is May 1, 2010). An alien can apply for or receive an immigrant visa or adjustment of status only when his or her priority date falls before the visa cut-off date. Individuals chargeable to China-Mainland or India who are eligible to apply for adjustment of status under the EB-2 preference under April 2012 Visa Bulletin should do so before the cut-off date retrogresses on May 1.
According to the May Visa Bulletin:
"Due to the rapid forward movement of the cut-off date, demand for China and India Employment Second preference numbers has increased dramatically during recent months, and at a much faster rate than had been expected. Therefore, it has been necessary to retrogress that cut-off date to August 15, 2007 in an attempt to hold number use within the annual limit while maintaining availability for those countries that have not yet reached their per-country limit. Notices were included in the November, January, and February Visa Bulletins alerting readers to the possibility of such a retrogression. While corrective action has become necessary earlier than was anticipated based on the information available at the time cut-off dates were determined, it is hoped that readers are not caught off guard by this retrogression.
Should additional information regarding potential demand become available, it may be necessary to take additional corrective action at any time.
Every effort will be made to return the China and India Employment Second preference cut-off date to the previously announced April date of May 1, 2010. This will be done as quickly as possible under the FY-2013 annual limits, which take effect October 1, 2012. It will not be possible to speculate on the cut-off date which may apply at that time until late summer.
USCIS has indicated that it will continue accepting China and India Employment Second preference I-485 filings based on the originally announced April cut-off date."