Priority Date Cutoff

News & Analysis as of

US Department of State Issues November 2015 Visa Bulletin

The new bulletin shows no movement in filing date cutoffs and little movement in approval date cutoffs for those chargeable to India and China. The November 2015 Visa Bulletin shows little change from the October 2015...more

USCIS Issues Further Guidance on the New Filing Date Visa Bulletin

In September, USCIS announced that some individuals would be eligible to file adjustment of status applications following a separate Dates for Filing Visa Applications (“filing date”) chart. This chart differed from the...more

Cruel Joke: Department of State Backtracks on New October 2015 Visa Bulletin: Dates for Filing Retrogress for EB-2 India and EB-2...

In a shocking move late Friday afternoon, the U.S. Department of State (DOS) issued a revised October 2015 Visa Bulletin that supersedes the Visa Bulletin originally published on September 9, 2015. The most dramatic changes...more

US Department of State Reissues October Visa Bulletin

The previously announced filing date cut-offs have been rolled back significantly. On September 25, the US Department of State issued a revised October Visa Bulletin that contains new and earlier filing cut-off dates...more

USCIS To Accept Certain I-485/AOS Applications Before Priority Date Becomes Current

Exciting news from U.S. Citizenship and Immigration Services (USCIS) and the Department of State (DOS) this week. The agencies announced that beginning with the visa bulletin effective October 1, 2015, USCIS will accept for...more

Visa Bulletin Revised: New System Allows for Filing of Applications for Adjustment of Status (Form I-485) Sooner!

On Wednesday, September 9, 2015, United States Citizenship and Immigration Services (USCIS), in coordination with the Department of State (DOS), announced that it was "revising the procedures for determining visa availability...more

Department of State Releases October 2015 Visa Bulletin

A new category of “filing” cutoff dates has been introduced to allow for earlier filing of adjustment of status applications and immigrant visa applications. The US Department of State (DOS) has released its October 2015...more

USCIS To Accept Certain I-485 Applications Before Priority Date Becomes Current

U.S. Citizenship and Immigration Services (USCIS) and the Department of State (DOS) announced that beginning with the visa bulletin effective October 1, 2015, USCIS will accept for filing I-485 applications to adjust status...more

Trademark Tacking – A Question Of Law Or Fact

The U.S. Supreme Court heard arguments on Tuesday, December 2, 2014, in Hana Financial, Inc. v. Hana Bank (Docket No. 13-1211), pertaining to the doctrine of trademark tacking. Tacking allows a company to create a revised,...more

Copyright Notice on Prior Art Establishes Priority Date in IPR

The PTAB weighed in on whether a copyright notice can be sufficient to demonstrate the priority date of a printed publication in FLIR Systems, Inc. v. Leak Surveys, Inc., IPR2014-00411, -434, -608, and -609. In Flir,...more

Blog: When Are Goods “Received” By The Debtor? Establishing International Suppliers’ Entitlement To 503(B)(9) Administrative...

Section 503(b)(9) of the Bankruptcy Code provides creditors with an administrative expense priority claim for value of goods that were received by the debtor in the ordinary course within the 20 days prior to the bankruptcy...more

PTAB Dismisses Argument That Priority Date is a § 112 Issue Not Reviewable in an IPR

In a decision instituting inter partes review, the PTAB rejected a patent owner’s argument that the priority date of the patent is not reviewable in an IPR because it’s an issue under 35 U.S.C. § 112. ...more

August 2014 Visa Bulletin: Advancement of EB-3 China and EB-2 India Cut-off Dates

The U.S. Department of State’s (DOS) Visa Bulletin sets out per country priority date cut-offs that regulate when an individual can begin the final phase of the lawful permanent residence (“green card”) process, either...more

Department of State Releases June 2014 Visa Bulletin

Bulletin shows significant retrogression in the EB-3 category for applicants chargeable to China, Mexico, and the Rest of the World as well as significant retrogression in the F2A category for applicants chargeable to all...more

May Visa Bulletin Released

The Department of State has released its May 2014 Visa Bulletin. Each monthly visa bulletin provides the priority cutoff dates for specific countries in order to regulate the flow of visa applications. Foreign nationals are...more

Board Invalidates Design Patent

In Munchkin, Inc. and Toys “R” US, Inc. v. Luv N’ Care, Ltd., IPR 2013-00072, Paper 28 (April 28, 2014), the Board invalidated U.S. Patent No. D617,465. The Petition argued that the patent was not entitled to its priority...more

Department of State Releases May 2014 Visa Bulletin

Bulletin shows minor forward movement in the EB-2 China category and the EB-3 India category, with no movement in the EB-2 India category or the EB-3 China category. The U.S. Department of State (DOS) has released its...more

Burden is on Petitioner to Prove Priority Date of Patent Challenged in Inter Partes Review

Succeeding on a lone ground of unpatentability, Hewlett-Packard was able to get all 4 challenged claims of an MCM patent into a trial for inter partes review in a case styled as Hewlett-Packard Co. v. MCM Portfolio, LLC...more

Due Date For Making A Micro-Organism Deposit Under Australia’s New Patent Law

Recent changes to Australian patent law provide that the due date for filing a Budapest Treaty deposit is on or before the date of filing of a priority application....more

Department of State Releases March 2013 Visa Bulletin

EB-2 category for all chargeable areas other than China and India remains current, with minor forward movement in the EB-3 category. The U.S. Department of State (DOS) has released its March 2013 Visa Bulletin. The Visa...more

20 Results
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.