VISA BULLETIN MAY 2008 What does this mean? See explanation below.

FAMILY BASED

EMPLOYMENT BASED

This bulletin summarizes the availability of immigrant numbers during April 2008. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; the Bureau of Citizenship and Immigration Services in the Department of Homeland Security reports applicants for adjustment of status.  Allocations were made, to the extent possible under the numerical limitations, for the demand received by March 11th in the chronological order of the reported priority dates. If the demand could not be satisfied within the statutory or regulatory limits, the category or foreign state in which demand was excessive was deemed oversubscribed.  The cut-off date for an oversubscribed category is the priority date of the first applicant who could not be reached within the numerical limits.  Only applicants who have a priority date earlier than the cut-off date may be allotted a number.  Immediately that it becomes necessary during the monthly allocation process to retrogress a cut-off date, supplemental requests for numbers will be honored only if the priority date falls within the new cut-off date.

What does this mean?

If an employer filed an application for labor certification on your behalf, the date it was filed is the "priority date." If a family relative filed a petition on your behalf, the date it was filed is the priority date. You may not file for residency until the priority date for your category is current.

If you are from Mexico and your employer filed a petition (i.e. for labor certification) on your behalf as a skilled worker on April 30, 2001, then your priority date is April 30, 2001 for the category of Employment Based 3d preference, Mexico. Looking at the chart above, you need to find the cut-off date for employment based 3d preference Mexico. If the cut-off date is after your priority date, then you may proceed to file for your status as a lawful permanent resident.

According to the chart above, the cut-off date for 3d Preference Employment Based Mexico is July 22, 1992. Therefore, if your employer filed a labor certification on your behalf on April 30, 2001, you may proceed to file for status as a lawful permanent resident.

If the cut-of date precedes your priority date, this means that the government has not yet started processing petitions in your category because visas for your category are not yet available.

If your brother from France is an American citizen who filed an I-130 petition on your behalf on July 25, 1998, then July 25, 1998 is your priority date. The cut-off date above for Family based 4th preference All Charge-ability Areas Except Those Listed Above is August 8, 1997. Therefore, you still have to wait until your priority date is current until you may file for status as a Lawful Permanent Resident.