I have EB1A PD March 2017 India- what would timelines look for me? The key of our short-term prediction is that there will be no 'forward movement' for F2B-All Countries until September 2022, at the vert least. For more information, please see the USCIS Policy Manual, Volume 7, Part A, Chapter 6. BIA, Political Q. Do not send other forms, documents, or evidence to this address. How do you know that USCIS does spillover for each country individually first? In setting the first Visa Bulletin of the fiscal year each October, DOS makes reasonable estimates of the available employment-based immigrant visas in each category. If they go by actual i140 numbers, the app prediction will probably be a lot closer to reality. In practice, cross-chargeability is used where the preference quota category is backlogged for one spouses country of chargeability but is current for the other spouses country of chargeability. They have an older approved petition in a different preference category where a visa is available to them. What happens next? (Added 10/26/2022). You can watch the Q&A from June 2018 event and Full Session from Oct 2018. EB3-to-EB2 porting is minimal now as most of the folks that were backlogged for years in EB3 have gotten their GCs. Congress explicitly directs DOS to make reasonable estimates of the anticipated numbers of visas to be issued during any quarter of any fiscal year within [the family-sponsored, employment-based and diversity categories] and to rely upon such estimates in authorizing the issuance of visas. See INA 203(g). So, EB1 will move at a slow pace (as per avail cap numbers). These visa bulletin predictions are estimates based on recent movement in the employment-based categories and should not be relied upon as legal advice. Youll notice there are two charts for each category. A .gov website belongs to an official government organization in the United States. Current Step: If your priority date is not current, then you can calculate when it may become current, check your case status, case processing time, My Account. So, USCIS would know in advance how many applicants would file for I-485. Do biometrics expire due to retrogression? Why has DOS retrogressed (set back) certain Final Action Dates or applied new Final Action Dates in the Visa Bulletin for October 2022? Email Newsletter: To receive email as soon as latest visa bulletin is released, please click here. http://geni.us/GreenCardWebinar. These are commonly referred to as the fall up/fall down provisions. DOS and USCIS are only authorized to issue immigrant visa numbers (for purposes of consular processing or adjustment of status) if the applicant in the given family-sponsored or employment-based preference category has a priority date which is earlier than the date shown in the Final Action Dates chart of the Visa Bulletin for their country of chargeability and immigrant visa category (or the Visa Bulletin shows that the category is current, that is, visa numbers are authorized for issuance to all qualified applicants). Heres a top-level overview of EB5 Visa steps Step 1: Investor selects the project after due diligence and arranges the funds, On a Friday night, you meet with friends for a drink and dinner. If an applicant for adjustment of status is otherwise eligible for the exemption and does not have an immigrant visa available to them in EB-1, EB-2, or EB-3 due to the application of the per-country limitations of INA 202(a)(2), USCIS may grant additional periods in H-1B status in increments of up to 3 years. Lets apply this theory with Real Data for FY 2017 Green Allocations by Country and Category. USCIS posts which charts may be used on its Adjustment of Status Filing Charts from the Visa Bulletin. down? Q. 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. Prediction for Oct 2023 . You may still receive a visa when one becomes available to you based on that priority date. Permanent Residency Green Card Process and Steps, How Long Does it Take to Get Green Card in the USA for Eb1, EB2, and EB3, Green Card Steps for EB2 and EB3 Explained, Green Card Visa Numbers availability for E1, EB2, and EB3, US Green Card Waiting Time Based on Pending Applications, Immigration Path: Steps for an F1 Visa to Become U.S. However, sometimes USCIS will note that theyll accept I-485s based on the Date for Filing chart. In the F-3 category, China, India, and the rest of the world stayed on November 22, 2008, while Mexico remained on November 1, 1997, and the Philipines remained on June 8, 2002. Therefore, any unused family-based visas get added to the EB categories. By the end of the fiscal year on Sept. 30, 2022, the two agencies used all of these employment-based immigrant visas, apart from 6,396 EB-5 visas that Congress has allowed to carry over to the next fiscal year. It happened this year (Oct 2020) as well, with EB priority dates, especially for There is a spillover clause from EB to FB category as well but it is more complicated and rarely result in spillovers. Border Wait Times, Immigration Courts Q. The Philippines, Central America, and the rest of the world remain on November 1, 2022. Your app cant predict the dates accurately, because USICS always acts in a different way. (Added 10/26/2022). Please submit your thread title. How did EB3 India get 6,608, when EB2 India got just 2,879 for FY 2017? 2023 AM22Tech| There are no per-country limits for immediate relatives of U.S. citizens. My priority date is Aug-2012 in EB2, my US born son age is 9. EB3 India getting spill over from EB3 ROW (about 3,500) and get total more than 6K. My Priority Date is Oct 2015. We see some changes in the Final Action Dates Chart in the employment-based category and some retrogressions. Number use and demand in this category have continued to increase, which necessitates further retrogression of the final action dates and application filing dates for Rest of World countries as well as China, India, Mexico, and Philippines, to hold number use within the maximum allowed under the Fiscal Year2023 annual limit.. Can you estimate how many employment-based immigrant visas USCIS and DOS will use during FY 2023? The Regional Center An EB-5 regional center is an economic unit, public or private, in the United States that is involved with promoting economic growth. Each person who files a petition with the USCIS receives a priority date when the government obtains your petition. many thanks. . Legal services are provided by VisaNation Law Group PLLC, a Florida professional limited liability company. How to estimate the Green Card Wait Times using I485 Inventory Data? In EB-2, we see Mexico, the Philippines, Central America, and the rest of the world remain on December 1, 2022. But,. Get a grip and fight for equality not for preferential treatment, that is what anti immigrants are doing. Quiz: When theres a backlog in EB2 for India and China, why did 79 go unused? Great news for applicants waiting on Green Card backlog in the October Visa Bulletin 2018 from the Filing Chart Date. What? The responses and information are intended to be general and should not be relied upon for any specific situation. Theres ROW EB3 to EB2 India spillover. Once the final action date in your green card preference level and chargeability area reaches your priority date, your priority date will be considered current. [CDATA[ var year = new Date();document.write(year.getFullYear()); // ]]>Carl ShustermanWebsite Powered By QuadW TechnologiesTechnical Consultant Jacob Treger, J WaiversConrad 30MD VideosJob SearchNIWs, E-2 Investors No, USCIS granting an applicants transfer of underlying basis request does not mean that an immigrant visa has been allocated to the applicant. EB2 India Green Card Prediction for Jan 2023 Bulletin and beyond. Legal services are subject to a separate attorney agreement between VisaNation Law Group PLLC (formerly SGM Law Group PLLC) and you. What I understand from HR-1044 is all countries will be benefited from unused GCs in EB2 Category, but do we know how many GCs are left unused in EB2 category in 2018? Your priority date must be current under the Final Action Chart to adjudicate your green card. When we determine that there are immigrant visas available for the filing of additional adjustment of status applications, noncitizens must use the Dates for Filing chart to determine when to file an adjustment of status application with USCIS. EADs, OPT Your next question should be based on the I-485 Inventory Data. A. Adjustment of Status, Naturalization I heard that USCIS does spillover for each country individually first before moving them to backlogged countries. Are you going to answer that? This essentially means that the bull run for Indians has ended. EB1-C India is being abused by Indian IT companies of CTS/TCS/WIPRO for the past 3+ years. For the purposes of the March 2023 bulletin AOS, USCIS indicated to use the Dates for Filing Chart which Chart to use for family-sponsored filings. If 2879 Visa was issued, I should have received my Green card as per I485 Inventory Data. For more information about portability, please see Volume 7, Part E, Chapter 5 of the USCIS Policy Manual. From what we can tell by looking at green card statistics and spillover numbers, it appears that EB3 may not make any significant movement until FY 2023. Forms Even I want to know why those are empty. When Will the September 2022 Visa Bulletin Be Released? A. (Added 11/17/2022). Again, I dont know only 34,938 was issued when available, numbers is 40,040 for FY 2017. When do you think that will be become current ? Free shipping for many products! The companion bill HR 1044 in the U.S. House passed by 365 65. Total Issued for EB3 India = 6,608 Since USCIS updates data every few weeks, estimated date shown below may also change every few weeks. Q. This can happen as early as the first day of a fiscal year, depending on the relevant data. I pity folks like you, you fall for the divide and rule policy of the per country cap, when you start thinking youre better then someone else and then there will be someone better then you. Labor Dept 2018-07-01 473 1658 2131, I also wanted to know about the empty cells on your analysis above. Also, this EB1-C scam is IMPOSSIBLE not to notice if you are currently living in the United States. Reports on Judges The Department of State (DOS) has determined that the FY 2022 employment-based annual limit was 281,507 more than double the typical annual total due to unused family-based visa numbers from FY 2021 being allocated to the next fiscal years available employment-based visas. When do you think it will be current? Retrogression only means that due to the statutory limits, visas are not available to all noncitizens who want them, even if they have already filed an application for adjustment of status. When USCIS uses the phrase visa available when referring to pending applications for adjustment of status, what does this mean? Q. Your priority date should be before this date. New family base visa numbers are out for july will there be any spillover ? Please note that when INA 203(d) states that a derivative family member shallbe entitled to the same status, and the same order of considerationif accompanying or following to join the principal applicant, it means that a derivative has the same priority date (order of consideration) and same immigrant visa category as the principal applicant. China No Movement DACA. Only the publication of a revised Visa Bulletin for a month would alter USCIS decision about accepting or rejecting an application due to visa availability. . Looking for U.S. government information and services? This will necessitate corrective action in the coming months to hold number use within the maximum allowed under the Fiscal Year 2023 annual limit. Watch this thread Start a new thread Add a post . Retrogression does not affect your priority date or your place in line for an immigrant visa. Theres no detailed analysis like this one. 15 18 yrs to get an EAD and another 2-3 yrs for the GC. The State Department has said they will continue monitoring the situation and make any changes as necessary. In the EB-3 category, Mexico, the Philippines, Central America, and the rest of the world is current. China remains on September 1, 2018, and India remains on August 1, 2012. Their clothes, dressing sense, food habits, TV shows they watch all are purely Indian. Excellent analysis. We are dedicated to ensuring we use as many available employment-based visas as possible in FY 2023, which ends on Sept. 30, 2023. As per Visa Bulletin May 2018 > https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2018/visa-bulletin-for-may-2018.html, and June 2018 >https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2018/visa-bulletin-for-june-2018.html. It will be a while before you can expect the interview. ht. Thank you. Marriage How does retrogression of the Final Action Dates affect eligibility for exemption from the 6-year limit on H-1B status? In EB-2, Mexico, there are no changes cross the board since the last bulletin. For those new to the green card process, you should learn a few terms and remember to understand the rest of this March 2023 visa bulletin report. Why must applicants request to transfer the underlying basis of their pending Form I-485? A. If you received this notice as a result of the automatic update, your case will continue to be processed per standard procedures. Because this table is based on people who already has filed I-485, and the EB2 data has never moved beyond 2010 and so no one has filed I 485 after those dates all are waiting.. Free shipping for many products! November 2022 Visa Bulletin Predictions: Green Card Limit, Priority Date, Spillover | US ImmigrationWe are dedicated to providing you with the current and mo. However, per USCIS rules, no single country is allowed more than 7% of the total number. Mexico remained on January 1, 2002. What happens when an EB-3 I-140 downgraded petition is pending and attached to a still-pending Form I-485? The Final Action Date chart indicates whether an immigrant visa number will be available. Therefore, the final action dates constantly change based on how many people from each chargeability area have petitioned for that green card. Due to years of wait, not everyone with approved I-140 would file for I-485. EB4 is for Religious Workers and EB5 is for Immigration through Investment (1 Million Dollars or $500,000 in certain areas). Eligibility You filed a Form I-485 before February 1, 2021, in EB2 or EB3. 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. All countries in the F-2A category are current. 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). Correct? "Date for Filing Application" is the date when you can submit I-485/NVC applications to USCIS/DOS. Now, you have read the Spill over math for EB2, it should be pretty easy to guess for EB3. based on the above, how do we know the which year onwards how many are pending for country wise for each category? These visa bulletin predictions are estimates based on recent movement in the family-based categories and should not be relied upon as legal advice. Dual Citizenship, USCIS Social Group Do you need help with your immigration case? They indicate how far forward the Final Action Dates may advance in the coming month. Does retrogression, the issuance of a Request for Evidence or Notice of Intent to Deny, or the scheduling of an interview reset the 180-day portability clock? This is what the estimated values look like. Why is such a big difference. A. When do you think my date will become current ? If you have further questions about the process or anything else about your green card, you should consult with your immigration attorney. Can you estimate family-sponsored or employment-based immigrant visa use by USCIS and DOS during FY 2022? For the first question, you should know the answer based on my explanationso far in this page. You can stay up-to-date with Visa Bulletin by subscribing to our Free E-Mail Newsletter. EB-5 Employment Creation: 7.1% of the worldwide level, of which 32% are reserved as follows: 20% reserved for qualified immigrants who invest in a rural area; 10% reserved for qualified immigrants who invest in a high unemployment area; and 2% reserved for qualified immigrants who invest in infrastructure projects. While your I-485 application for adjustment of status is pending, you are eligible to seek certain benefits, among which are: Please note that USCIS is making every effort to reduce processing times for employment authorization and advance parole applications. So, spillover will become effective after the current backlogs clear. Folks can say all EB2 folks graduated from fake universities that dont require to attend classes, all students live like they live in a ghetto. Numbers of years vary (from 10 to 70 years). Theres a set limit on how many Green Cards can be issued per year per country per preference category through Employment Based. For the millions of people waiting in line in the employment-based and family-based categories, visa bulletin predictions give them an idea of when they will be able to apply for and obtain green cards. USCIS has not clarified this in the court filing. 2022 Panini Draft Picks Thunder Struck Card of Dylan Lesko - Padres HOT. To circumvent this 150-year wait, your Adult US citizen child can sponsor you once he/she turns 21. Fiscal Year 2023 Employment-Based Adjustment of Status FAQs. About 1400 new applications filed every month. Im just trying to say that experience gained and manager titles should be given equal priority. 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. The pre-covid speed of the visa bulletin is back sooner than estimated. A. Once current, you will adjust your status or go through consular processing. Predictions for 2022-23 Assuming that there is a 50k spillover in Oct 2022 bulletin and then USCIS wastage in 2022 is less than 5% or near zero (best case), we estimate these dates to be possible in the next 12 bulletins. Its disappointing to see that those gained experience and promoted to manager roles in US can only be ported from EB3 to EB2, but those gained similar experience outside US can directly apply for EB1. Attn: Supp J If you would like to support this site, please consider donating using any of the options below or simply visit our friendly sponsors: "Final Action Date" is the date when when USCIS/DOS may render their final decision on submitted applications. What categories benefit from the estimated 57,000 unused family-sponsored visa numbers added to the employment-based annual limit? It will take a while time to explain why the cells are empty . A. You show a good explanation of the spillover but you missed the elephant in the room buddy! For March, the final action date for the EB-5 Unreserved category for India is set at 01JUN18., NUMBERS FOR THE EMPLOYMENT-BASED PREFERENCE CATEGORIES. China and the rest of the world are at March 1, 2022, India at April 1, 2021 and Mexico is at September 1, 2020. USCIS will continue to take multiple, proactive steps in coordination with its partners at DOS to maximize the issuance of visas. The first term that youll hear thrown around is the priority date. Mandamus In the employment-based preference categories, a childs age under theChild Status Protection Act (CSPA)is the childs biological age at the time of visa availability less the amount of time that the underlying petition was pending, but only if the child sought to acquire status as a lawful permanent resident within one year of the date a visa is available. 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