On January 9, 2008, the U.S. Department of State (?DOS?) released the February 2008 Visa Bulletin. DOS explicitly announces that as of January 9, 2008, the annual limit of employment based second preference category (EB-2) immigrant visa numbers for Indian nationals has been reached and that the India EB-2 category is ?unavailable? effective immediately. This is a departure from regular visa bulletins that provide only information about the visa availability for the referenced month. As a result of this news, individuals in the India EB-2 category who had a priority date that was current and expected the cutoff date to be viable until the end of the month (January 31) can no longer file an adjustment of status (AOS) application or obtain an immigrant visa at a US consulate abroad.

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