O-1 Visas Like this thread 0 1. 2019-Nov: In the case of theOctober 2022 Visa Bulletin, without aretrogressionof the Final Action Date for India EB-2, visa use by the two agencies would likely exceed the available visas within the first few weeks of the fiscal year, in violation of the statute. My PD is 08/15/2018 with EB1C when can i expect it to be current ?? Based on recent trends for past few months, I thought EB3 will move faster. EB2 may reach Dec 2014 again in 2023 due to the extra 60k spillover from Family GCs. A. How many Visa did EB3 India get from EB2 Spill Over? Q. Please see August 2023 Visa Bulletin Predictions below (for both Family Based and Employment Based categories for all countries): "Final Action Date" is the date when when USCIS/DOS may render their final decision on submitted applications. Why do adjustment of status applicants who have lived in the United States for many years have to demonstrate that they are not inadmissible under the health-related grounds of INA 212(a)(1)? Please see August 2023 Visa Bulletin Predictions below (for both Family Based and Employment Based categories for all countries): The dates above have been calculated from data provided by USCIS/DOS. No country can receive more than 7% of the total number of EB and FB preference visas in a given year. A. Family spillover to employment is 60k GC in FY 2023. Carl Q. This is clear from the language about accompanying or following to join, which allows a derivative to receive an immigrant visa or adjust status after the principal applicant. A USCIS officer reviews the transfer request and will grant or deny the request as a part of the adjudication of the adjustment of status application. A legal declaration was issued on September 6, 2022 by Andrew Parker (USCIS) who specializes in EB adjustment of status cases and who coordinates with the U.S. Department of State (DOS). (Added 10/26/2022). For transfer requests accompanied by Supplement J submitted to this address at the Dallas Lockbox, we scan the documents, upload the Supplement J information into our systems (generating a receipt notice), and notify the office or service center that currently holds the related adjustment of status application that the scanned request is available in our electronic systems. EB4 and EB5 = 7% of 9,940 = 696. A. USCIS encourages adjustment of status applicants to submit Form I-693, Report of Medical Examination and Vaccination Record, with their Form I-485, Application to Register Permanent Residence or Adjust Status. Note: Our Immigration and Citizenship Data All USCIS Application and Petition Form Types and Application for Adjustment of Status (Form I-485) quarterly reports do not provide a comprehensive picture of employment-based visa use. If theres no bracket below certain dates, there is no movement for those dates/categories in the latest visa bulletin. I-485 is filed with USCIS (Falls under Department of Homeland Security), Visa Bulletin is announced by the Department of State, Total Available = Based on Table 1 Above (As per US Immigration Law), Total Issued = Based on Annual Report published by Department of State, Spill Over and Left Over = Manual Math based above two reports, Left Over EB4 =9,940 8,997 = 943 (This Spills Over to EB1), Total Available with Spill Over from EB5 = 40,040 + 943 = 40,983, Total Available with Spill Over from EB1 = 40,040 + 0 = 40,040, Total EB2 Visa Issued for India for FY 2017 = 2,879. If you need to file an adjustment of status, Form I-485, you need to follow the Final Action Date chart to know when to file based on your priority date. In this example, USCIS would only consider the applicants eligibility for adjustment on the basis of the EB-2 petition, unless the applicant again requested a transfer to a third basis. When USCIS uses the phrase visa available when referring to pending applications for adjustment of status, what does this mean? . I have read your article multiple times and each time I have got a better understanding of the process. Why did many adjustment of status applicants see the status of their applications change to Case Was Updated to Show Fingerprints Were Taken in the USCIS Case Status Online tool in early FY 2023 when they had provided biometrics months earlier? 3000 cars issued per year. Q. Visas The short answer is: probably not. This month, well go over the March 2023 visa bulletin. https://www.mygcvisa.com/ tracker/. You may have noticed the following from two data sets. Eligibility You filed a Form I-485 before February 1, 2021, in EB2 or EB3. So, overall, EB2 gets a big chunk. (Updated 10/26/2022). We see no change since the February 2023 Visa Bulletin. Given that each year around 2800 visas are allocated per country, can you advice if the applicants with PD earlier than November 2018 would become current for Indian applicants under EB1 category. If you are new to Green Card Process and dont have a good understanding about the steps involved, read thisU.S. Does retrogression affect my priority date or place in line for an immigrant visa? Decades of Immigration Experience Working for You. In gcreforms.org an applicant who applied in 2011, and hopefully got approved I140 in an year, is likely to get his GC after 33 years. Wouldnt it be better to go back to India, gain experience there, change jobs even, and come back when the PD is nearing to be current? If a category/country is Current in the Visa Bulletin, does that mean that there must be little or no inventory of pending applications with USCIS and DOS for that category/country? (Added 10/26/2022). Nurses Within EB2, allocated visas are split into the following buckets (as per I-485 Inventory Data): Yup. VisaScreen I heard that USCIS does spillover for each country individually first before moving them to backlogged countries. My immigrant visa petition has been approved and I have a pending adjustment of status application. Your kids would become eligible to sponsor your Green card before EB3 2012 becomes current. Employers Basically I am trying t figure out, how many people are in front of me, Im hosting a Live Webinar on Oct 7 on this process. There are five chargeability areas for this category: China, India, Mexico, the Philippines, and all other countries. In the F-1 category, China, India, and the rest of the world remained on December 1, 2014. We promise not to spam you. If you look at I-485 Inventory data, there are four countries (India, China, Mexico and . why dont you guys start work on changing the rule instead of asking when will I get my GC ? This could delay the adjudicationof adjustment of status applications while Forms I-693 are matched up to adjustment applications. SEND PRIVATE MESSAGE. EB2 India Green Card Prediction for Jan 2023 Bulletin and beyond. In other words, if there were unused family-sponsored numbers in the previous fiscal year, they are distributed based on the same fixed percentages. It's FREE to register! Remember, marriage-based green card applicants, are known as immediate relatives and dont have to wait to receive a green card. In the EB-3 category, Mexico, the Philippines, Central America, and the rest of the world is current. EB-1 Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences. In the EB-3 Other category, there is no change for Mexico, India, Philippines, Central America and the rest of the world. What this means is any unused ROW EB2 numbers are first spill over to ROW EB3 before they move to EB2 backlogged countries. Also, USCIS officially says that thousands of i485 applications are still pending from 2010 to 2014: We are not sure if the bulk of these pending applications are duplicates since most of the people filed downgrades to EB3 and then refiled in EB2 too. The 60-day rule, which has been temporarily waived,does not apply to Forms I-693 signed by the civil surgeon after you have filed Form I-485. My Account . He is a Certified Specialist in Immigration All Other Countries Slight Retrogression, F-2B Unmarried Adult Sons & Daughters of LPRs, F-3 Married Adult Sons & Daughters of US Citizens, NUMBERS FOR THE FAMILY-BASED PREFERENCE CATEGORIES. A. Yes. A. Q. Many people would need the NABC (non-availability of birth certificate) to file the i-485 application and am22tech is helping with it for a small fee. Prediction; Dashboard; Prediction; Dashboard; Lawyer Questions; Search. How to estimate the Priority Date movement from coming months? (Added 10/26/2022). If a noncitizen is seeking a visa in a preference category that required a labor certification from the Department of Labor (DOL), their priority date generally is the date DOL accepts the labor certification application for processing. ht. China and the rest of the world are at March 1, 2022, India at April 1, 2021 and Mexico is at September 1, 2020. The Dates for Filing chart determines when an applicant can file an I-485. The State Department has issued the March Visa Bulletin. Glossary of EB5 Visa Terms Pay attention to Financial Terms, EB5 Visa Process for US Green Card I-526, I-485 and I-829, https://travel.state.gov/content/dam/visas/Statistics/Immigrant-Statistics/WaitingList/WaitingListItem_2018.pdf, https://travel.state.gov/content/dam/visas/Statistics/Immigrant-Statistics/WaitingList/WaitingListItem_2019.pdf, https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2018/visa-bulletin-for-may-2018.html, https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2018/visa-bulletin-for-june-2018.html, Green Cards Quota Per Year via Employment = 140,000, Every few months, USCIS publishes I-485 Inventory Data, Every month Department of State publishes Visa Bulletin. (Added 10/26/2022). A. Your next question should be based on the I-485 Inventory Data. Marriage So 2 days in a month average. Can you please tell me when I can expect the interview. Social Group Physicians You can even search around on Google to find How EB Spill Over works. A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. If you have not done it, please remember to add or update your I-130 / NVC / I-140 / I-485 case in the free GC Please advice. My question is what happens to unused EB3 numbers? In this new bulletin, we see no changes in the family-based category but some major retrogression in the employment-based Final Action chart in the EB-4 category, especially for most countries across the board (except Central America). The Date for Filing chart determines whether or not one can submit the final immigrant visa application. When do you think my date will become current ? A. DOS currently estimates that the FY 2023 employment-based annual limit will be approximately 197,000, due to approximately 57,000 unused family-sponsored visa numbers from FY 2022 being added to the employment-based limit for FY 2023. F2 Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, plus any unused first preference numbers: F2A Spouses and Children of Permanent Residents: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit; F2B Unmarried Adult Sons and Daughters of Permanent Residents: 23% of the overall second preference limitation. and get total less than 3K. (Updated 10/26/2022). Attn: Supp J CSPA 15 18 yrs to get an EAD and another 2-3 yrs for the GC. Also, this EB1-C scam is IMPOSSIBLE not to notice if you are currently living in the United States. Your estimate of time taken for an applicant ,whose priority date is Aug-2012, is 12 years to become current and get his GC. For the family and employment preference categories, the law imposes a limit on how many immigrants from any particular country can receive green cards in a given year. A. My EB2 Priority date is June 2011.When can I expect EAD (DATES FOR FILING OF EMPLOYMENT-BASED VISA APPLICATIONS) and Greencard (FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE CASES).Appreciate your help and based on this I will look another job or move from USA. USCIS i485 approvals up to Mar 31, 2021 You can see this official USCIS 2021 second-quarter data here. If the immigrant visa petition underlying my pending adjustment of status application has not been adjudicated, will this prevent me from transferring the basis to a different petition? Under INA 201(d)(2), the unused family-sponsored visa numbers from the previous fiscal year are added to the overall employment-based limit. We have created a centralized location for the receipt of transfer of underlying basis requests between the employment-based preference categories that are accompanied by a Form I-485 Supplement J. You can watch the Q&A from June 2018 event and Full Session from Oct 2018. Legal services are provided by VisaNation Law Group PLLC, a Florida professional limited liability company. All countries in EB-1 are current apart from China and India, which remain at February 1, 2022, as of this bulletin. Even I want to know why those are empty. I thought eb3 will move faster compared to eb2 for 2019. Can Aug 2011 eb3 become current in 2019? Of these, USCIS and the Executive Office for Immigration Review (EOIR) approved more than 220,000 employment-based adjustment of status applications for individuals already present in the United States. The State Department provides the following guidance regarding the EB-5 category: In the October 2022 Visa Bulletin, a final action date and application filing date were established in the Employment Fifth Preference Unreserved (including C5, T5, I5, and R5) category for India to keep number use within the maximum allowed under the FY2023 annual limit. Hi Ash Prab, It is working. When a visa becomes available to you in the future based on the Final Action Date for your country and category as compared to your priority date, USCIS will be able to approve your adjustment of status application if you are admissible, merit a favorable exercise of discretion, and are otherwise eligible. I have questions about the EB3 FY 2017 Numbers: Total Available EB3 = 40,040 A. (Added 10/26/2022). Once a visa number can be allocated, USCIS will resume the processing of the application. Please submit your thread . Can you estimate how many employment-based immigrant visas USCIS and DOS will use during FY 2023? Vs EB1 will move if and when theres spillover coming from EB4 and EB5. Porting to EB2 would increasethe wait times of EB2 applicants. English Exam Number use and demand has been higher than anticipated at the start of this fiscal year, so further retrogression has become necessary. If USCIS grants my transfer of underlying basis request, will USCIS consider my eligibility for adjustment of status on both bases? parent green card, sibling green card, Visa Bulletin. A. Once current, you will adjust your status or go through consular processing. Suppose you have an Adjustment of Status (AOS) application currently pending. Employment-based transfer requests that are not accompanied by a Supplement J should be submitted in writing to the USCIS office with jurisdiction over your pending I-485 application. So, USCIS would know in advance how many applicants would file for I-485. 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