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. This has been stated numerous times by Charlie Oppenheim, who is the head of the 'Visa Office' that makes the decision about the Visa Bulletin (you can listen to him talking about the family . What say? File i485, EB2 to EB3 downgrade with approved i140. Maybe 10 to 15 years at the current rate. It hurts dont it, stop doing this, realize that we all are being taken advantage in this country, there is no race that is as successful as Indians but treated as shit in US, because folks like you who hate there own brethren , why will anyone respect Indians when we dont ourselves. 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. Secure .gov websites use HTTPS For more information about portability, please see Volume 7, Part E, Chapter 5 of the USCIS Policy Manual. My PD is 2012 feb for eb3 category. A more detailed breakdown of these changes can be seen below. Yes. Q. Central America remains at April 15, 2018. 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. The Dates for Filing chart determines when an applicant can file an I-485. If 2879 Visa was issued, I should have received my Green card as per I485 Inventory Data. Great analysis . 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)? EB4 is for Religious Workers and EB5 is for Immigration through Investment (1 Million Dollars or $500,000 in certain areas). A. You read it right. For more information, please see the USCIS Policy Manual, Volume 7, Part A, Chapter 6. I will analyze the data to get further insights. Types of EB5 Visa, A typical EB5 Investor would run into most of the terms listed below if not all as part of the EB5 project due diligence process. Check what do they have to say. Mandamus 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. To make this determination, USCIS consults the appropriate chart in the Visa Bulletin (Final Action Dates or Dates for Filing) for the month when the application was received at the correct USCIS filing location per the form instructions. Retrogression does not affect your priority date or your place in line for an immigrant visa. Thank you for detailed information. The chances of EB2 India reaching 2014 are very low given that USCIS has taken the stance of equally distributing the spillover among all countries. If not, you must read it again for EB4 to EB5 to EB1 to EB2. tracker (which has thousands of cases): Whats the estimated wait time? This app uses publicly available i140 data from USCIS and then mimics the per-month visa allocation based on various factors. Multiple sources are reporting that there could be some spillover from the family-based green card category to the . You show a good explanation of the spillover but you missed the elephant in the room buddy! EB3 India getting spill over from EB3 ROW (about 3,500) and get total more than 6K. The Final Action Dates chart determines when an I-485 or IV can be approved, while the Dates for Filing Chart determines when an applicant can file an I-485. Find many great new & used options and get the best deals for 2021-2022 prizm basketball cello pack Sealed lot of 10 Cade jalen green Rookies at the best online prices at eBay! You can even search around on Google to find How EB Spill Over works. If theres no bracket below certain dates, there is no movement for those dates/categories in the latest visa bulletin. (Added 10/26/2022). If theres no bracket below certain dates, there is no movement for those dates/categories in the latest visa bulletin. DOS, in collaboration with USCIS, considers every month if visas may be not required in a particular employment-based category based on reasonable estimates, and sets the dates in the Visa Bulletin accordingly. No. Very good point. Great news for applicants waiting on Green Card backlog in the October Visa Bulletin 2018 from the Filing Chart Date. Through Parents AFAIK USCIS does the vertical spillover first and for each country separately, before doing the horizontal spillover. Have you wondered why the dates for EB2 India and EB3 India for Green Card are not moving and number of Green Card issued for EB2 India came from 23,000 to 3,000 in 3 years? Can you please tell me when I can expect the interview. Congress created a system in which DOS must regularly adjust the population of noncitizens who can potentially be issued visas (set by the Final Action Dates) in order to create sufficient demand for such visas (allowing the agencies the best chance to use all of the visas) while also restricting the issuance of such visas (to ensure that visa issuance remains within the limits established by Congress). Many applicants waiting for the Green Card for decades can apply for I-485 along with EAD/AP. Based on recent trends for past few months, I thought EB3 will move faster. Q. You see so many, recently arrived cocky Indian families who are so completely disconnected from American culture. Senator Feinstein and Her Unknown Immigration Legacy, Attorney Shusterman Featured in SuperLawyers Magazine, CSPA Age Calculation Why the USCISs New Policy Falls Short, Its Time to Fix Our Broken Legal Immigration System, Biden Administration Announces New Border Crackdown. Biden https://www.mygcvisa.com/ tracker/. You might need to contact an expert immigration attorney for your specific immigration needs.Related Topics : november 2022 visa bulletin predictions,november 2022 visa bulletin,green card,visa bulletin,visa bulletin predictions,eb2,eb3,us immigration,us immigration news,uscis,visa bulletin 2022 predictions,uscis news,mandar immigration,immigration reform,immigration,green card news,immigration news,us visa,us visa interview waivers,employment based visa,family based visa,wisdom trends,mandar wisdom trends,adjustment of status,mandar immigration latest EDUCATING MORE EB2 Indians and USCIS folks, especially Mr. Oppenheirmer will ensure these quasi-legal Indians gets deported back to India promptly and the companies booked and fined! This equates to over 290,000 employment-based green cards. Green cards that originate in the family-based system, rolled over to employment-based because they went unused, and then attempted to roll back to family because they are unused again, can be wiped out by the formula. If my adjustment of status application was approved, but then the Final Action Date for my category and country of chargeability later retrogresses, does that affect my status as a lawful permanent resident? EB2 to EB3 Downgrade Process, Risks (Premium, Cover Letter) Indian EB2 vs EB3 green card priority date movement. 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. Q. USCIS understands that there are some misconceptions about this topic, and states again that this special exception to the per-country levels applies (if the statutory criteria are met) in any quarter of a fiscal year, not just in the fourth quarter. This page was not helpful because the content: Green Card for Employment-Based Immigrants, Green Card for Family Preference Immigrants, Green Card for an Immediate Relative of a U.S. Citizen, Adjustment of Status Filing Charts from the Visa Bulletin, While Your Green Card Application Is Pending with USCIS, International Travel as a Permanent Resident, Rights and Responsibilities of a Permanent Resident, quarterly Legal Immigration and Adjustment of Status, section 104(c) of the American Competitiveness in the Twenty-First Century Act (PDF), Volume 7, Part E, Chapter 5 of the USCIS Policy Manual, The Operation of the Immigrant Numerical Control System (PDF), USCIS Policy Manual, Volume 7, Part A, Chapter 6, Volume 7, Part A, Chapter 7 of the USCIS Policy Manual, Volume 7, Part A, Chapter 6 of the USCIS Policy Manual, Volume 7, Part A, Chapter 8 of the USCIS Policy Manual. Prediction; Dashboard; Prediction; Dashboard; Lawyer Questions; Search. In the world of immigration law, it always pays to be informed. Now with the FB green card restrictions there is possibility of spillover to EB GC category, how this spillover works, will it all move to EB1? Jobs & Visas 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. These visa bulletin predictions are estimates based on recent movement in the family-based categories and should not be relied upon as legal advice. The first term that youll hear thrown around is the priority date. Site Map, Success Stories Final action dates are based on the green card category and the chargeability areayour country of origin. COVID I dont understand why. Any clue? Thanks to my friend whos been keeping track of these EB-2 India numbers for these years. O-1 Visas (Updated 10/26/2022). In reality, you need to start with a new petition (and a new PERM if necessary). 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). green card spillover 2022 predictions. This is misleading because you dont port your green card. I think I didnt put it correctly perhaps. A priority date establishes a persons place in line to get an immigrant visa. South Korea uses fewer EB1 numbers. Doing so will help limit the need for USCIS to send Requests for Evidence, reduce processing times, and aid USCIS as it works with DOS to use all available visas. Slow movement in EB2 is expected until May 23. Labor Dept We see no change since the February 2023 Visa Bulletin. So, if there is less wastage overall, the EB2 will win in the long run. The decision to grant a transfer request is made in the discretion of USCIS. 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. Total Issued for EB3 South Korea = 3,290 3000 cars issued per year. Under INA 203(b), that overall employment-based limit is then divided between the five employment-based preference categories based on the fixed percentages as described above. Mainland China remains on August 1, 2018, while India remains at June 15, 2012. My husband is on EB1 and our priority date is Feb 2018 and I am his dependent. If USCIS has approved an adjustment of status application for a principal applicant, but the applications of dependent family members remain pending, immigrant visa numbers have not yet been subtracted from the annual limit for the dependent family members. Will 60k new Family to Employment Spillover Help EB2 India? Parents may not cross-charge to a childs country. The porting aspect only comes in when you indicate that you want to retain your original priority date. 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. 2023 AM22Tech| Physicians Nurses they suck up all the EB1 and there is nothing left-over for EB2 and THAT IS WHY EB2 India gets the bare minimum of 2800 something visas each year and has stopped moving! Mainland China advances to July 1, 2014. All Other Countries No Movement. EB-3 Other for China advances to July 1, 2014. Mexico moves to April 1, 2001. "Date for Filing Application" is the date when you can submit I-485/NVC applications to USCIS/DOS. The Final Action Date chart indicates whether an immigrant visa number will be available. (Added 10/26/2022). Contact Us. 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. They also probably hold the dates based on their assumptions about how many ROW (rest of world) numbers are needed which is just a wild speculation. Hence data will keep changing every month. Total Available per country (lets take two countries), Total Available for EB-2 for All Counties. Green Card applicants in EB3, would have gained enough experience and become eligible for EB2. The unused family-sponsored visa numbers added to the employment-based limit in the subsequent fiscal year are not automatically distributed to applicants with the earliest priority dates because the per-country limits still apply. How does the spillover from ROW work? China remains on September 1, 2018, and India remains on August 1, 2012. If a noncitizen has become a lawful permanent resident, USCIS would deny any other pending adjustment of status applications. 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. China No Movement So 2 days in a month average. It does not mean that the derivative spouse or child always receives a visa or adjusts status on the same date as the principal applicant. If there are sufficient [remaining visa] numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered Current. See DOSs The Operation of the Immigrant Numerical Control System (PDF). . EB2 gets more spillover as a whole as it gets it from EB1 (and eb1 gets it from EB 4). The remaining 68% are unreserved and are allotted for all other qualified immigrants. Do biometrics expire due to retrogression? The employment spillovers happen in this order: In a nutshell, this is the funnel for spillovers within employment-based categories: If you want to understand how this whole setup works, head over to the HappySchools blog who has explained spillover sharing details within EB categories in a really simple way. If you look at I-485 Inventory data, there are four countries (India, China, Mexico and Philippines) that are typically impacted by backlogs (more applicants than available Green Cards Cap per country). As per this figure, the number of EB2 Visa issued for Indian Nationals came down drastically from FY 2014. When estimating how many pending or newly filed applications are likely to result in visa use during a fiscal year, the agencies consider a variety of factors, including but not limited to: When the amount of demand for a particular category (or a country within a category) exceeds the supply of visa numbers available, the category/country is considered oversubscribed and DOS applies a cut-off date in the Final Action Dates chart to ensure that visa use remains within the quarterly and annual limits, as well as the category and per-country limits and order of consideration, as established by Congress. Eligibility You filed a Form I-485 before February 1, 2021, in EB2 or EB3. We see some changes in the Final Action Dates Chart in the employment-based category and some retrogressions. A. Q. Attn: Supp J (Box 660834) Q. When USCIS uses the phrase visa available when referring to pending applications for adjustment of status, what does this mean? A. A. Q. For legal advice, consult an experienced immigration attorney. The potential that a certain percentage of applications will not be approved; Accounting for noncitizens who have multiple pending adjustment of status applications in different categories; Estimating and considering the number of family members who may decide to immigrate with the principal applicant; Considering where applications are in the adjudication process and how likely they are to result in visa use in the immediate future; and. One of the most significant parts of getting a green card in the U.S. is waiting for your priority date to be current. When do you think that will be become current ? USCIS has estimated that EB2 Indians will only get a total of about 4k GC in 2023. Im expecting both EB2 and EB3 will move in parallel going forward and EB3 will retrogress as I-485s are filed due to Filing Dates being in advance. In the F-2B category, China, India, and all other countries of chargeability remain at January 1, 2017. However, if the limit has passed, you may see the date retrogress or move backward from your priority date. Given the rapid movement of files between directorates and offices as we strive to optimize resources across the agency, it would be difficult to match an unsolicited Form I-693 with the related adjustment of status applications in a timely and efficient manner. No. For those that have invested the time, effort, and money into an immigrant visa, questions arise such as How long will it take for my date to be current? and Can I speed this process up? We provide regular monthly updates on the most recent visa bulletin, analyze the date movements, and predict upcoming months to help answer these questions. EB1 ROW has PD (Feb 2020 VB is DE 1, 2018), so there will be no spillover coming to EB1 India until that clears. Q. 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. 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). 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. (Updated 10/26/2022). Your priority date should be before this date. parent green card, sibling green card, Visa Bulletin. We are dedicated to ensuring we use as many available employment-based visas as possible in FY 2023, which ends on Sept. 30, 2023. The responses and information are intended to be general and should not be relied upon for any specific situation. 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. USCIS cannot create a waiver or exemption from the health-related grounds of inadmissibility where Congress has not done so. It does not include future demand (which can increase or decrease anytime). Get a grip and fight for equality not for preferential treatment, that is what anti immigrants are doing. If green cards are still available, the final action date will likely move closer to your priority date. Q. I have read your article multiple times and each time I have got a better understanding of the process. Employers Q. Therefore, any unused family-based visas get added to the EB categories. Why has DOS retrogressed (set back) certain Final Action Dates or applied new Final Action Dates in the Visa Bulletin for October 2022? Marriage Theres Top to Down spillover EB2 to EB3 (which is dried out). Why these are empty Who is this question for. Q. J Visas/Waivers Q. . Why my priority dates are not moving? It would be very useful to understand how USCIS is currently processing these cases in each category. I-864 Number of days between Dec 26 2008 and June 2014 is ~~ 2000 days. 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. click here: https://www.mygcvisa.com/visa/. Why does that happen? Per the following link, as of November 2018 there are only 876 EB1 pending applicants. Move on to the next stage to understand How the Spill Over for Employment Based Green Card works. The Philippines, Central America, and the rest of the world remain on November 1, 2022. I still didnt understand how EB3 allocation can be 6K and more than EB2 for India. How do you know that USCIS does spillover for each country individually first? Finally, for EB-3 Other, we see Mexico, the Philippines, Central America, and the rest of the world remain at February 1, 2020. The employment-based (EB) annual limit for fiscal year (FY) 2023 will be higher than was typical before the pandemic, though lower than in FY 2021 and FY 2022. EB2 India Green Card Prediction for Jan 2023 Bulletin and beyond. Family-Based China is more retrogressed than South Korea and Philippines. Before looking at deeper data within EB2, let me finish the math for EB3 for FY 2017. Please submit your thread . Therefore, the final action dates constantly change based on how many people from each chargeability area have petitioned for that green card. All Other Countries Remain Current, EB-2 Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability, India No Movement Please check this blog and update yours so more people are educated . As attractive as porting might seem, it is a delicate process with particular requirements. Law who has testified as an expert witness before the US Senate Immigration Subcommittee. Crimes Even I want to know why those are empty. Back to Green Card Discussion Forum (I-485) Ask a Lawyer. If I did not file a Form I-693 with my pending Form I-485, should I send one in now or wait for USCIS to request it, and why? If an employment-based adjustment of status applicant wants to transfer to another basis, they must submit a new transfer request. Prediction; Dashboard; Prediction; Dashboard; Lawyer Questions; Search. A. Your priority date should be before this date. 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. A. Noncitizens with pending adjustment of status applications should not send an unsolicitedForm I-693to us. If you havent guessed the answers, heres the questions again. U.S. Immigration law allows foreign nationals to obtain Green Card (aka Permenant Residency in the USA) through Employment. EB1, EB2 and EB3 = 7% of 40,040 = 2,803. (Updated 10/26/2022). EB-4 Certain Special Immigrants: 7.1% of the worldwide level. Their clothes, dressing sense, food habits, TV shows they watch all are purely Indian. This notification was made automatically as a result of an internal update made to USCIS systems. The demand for visas for adjustment of status depends on the response of noncitizens to the Visa Bulletin and the demand for immigrant visas depends on the response to the DOS Welcome Letter issued by the National Visa Center. We are proactively identifying employment-based adjustment of status applications with available visas that lack a valid Form I-693 and contacting applicants directly to request that form. PO Box 660834 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. More Options: If you are new to immigration process or would like to see what other immigration options are available, please If a particular immigrant visa category is current on the Final Action Dates chart or the cutoff date on the Final Action Dates chart is later than the date on the Dates for Filing chart, applicants in that immigrant visa category may file using the Final Action Dates chart during that month. My PD is 08/15/2018 with EB1C when can i expect it to be current ?? Does retrogression affect my priority date or place in line for an immigrant visa? But, they changed their stance suddenly in Sep 2022 court filing: Unfortunately, not in 2023 as USCIS is equally dividing the spillover GCs among all countries and applying the 7% cap. If USCIS has granted my transfer of underlying basis request, does it mean that an immigrant visa has been allocated to me? Its been stuck in March 2017 for a while not and trying to estimate when I can file my adjustment of status (with a PD of March 2019). Hi, So in that case during fiscal year 2021 (i.e Oct 2020 to Sep 2021) FB GCs won't be issued for atleast 6-7 months (immigration ban and consulate delays). crossed. A. Through July 31, 2022, the two agencies have combined to use 210,593 . What is prediction for eb1 i485 adjustment date for priority date of Aug, 2019? This could make 2018 current for EB2/eb3 and they should be able to file for EAD. In the F-1 category, China, India, and the rest of the world remained on December 1, 2014. Thats what reported in the Department of States Immigration Visa Report. What happens when an EB-3 I-140 downgraded petition is pending and attached to a still-pending Form I-485? DACA. Your email address will not be published. 121 Business Below is a simplified visual representation of what this looks like. EB-1 Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences. USCIS designates regional centers for participation, In this article, you can learn about how to get U.S. Green Card via EB5 Visa along with the steps and stages of the EB5 Visa application process along with the timeline for EB5. Remember that your priority date does not move, and you cannot change it except under certain circumstances. This means a total of 200k GCs will be available for the . Because of the numerical caps and per-country caps on certain green-card categories, there are significant waits for some categories, with sharper effects on a few countries. 2501 S. State Hwy. Due to years of wait, not everyone with approved I-140 would file for I-485. H-1B News This can happen as early as the first day of a fiscal year, depending on the relevant data. (Added 10/26/2022). Under that exemption, USCIS may grant additional periods in H-1B status in increments of up to 3 years for a noncitizen who currently maintains or previously held H-1B status, who is the beneficiary of an approved EB-1, EB-2, or EB-3 immigrant visa petition, and who is eligible to be granted LPR status in one of those categories but for the application of the per country limitation. get current user login name in sharepoint 2013 rest api, can lyme disease cause high monocytes, All are purely Indian: //travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2018/visa-bulletin-for-june-2018.html from EB1 ( and EB1 gets it from (! That your priority date of Aug, 2019 date will likely move closer to your date... Expert witness before the US Senate Immigration Subcommittee change based on recent movement in EB2 or EB3 a! Family-Based categories and should not be relied upon as legal advice for more,! 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Visa Bulletin spillover but you missed the elephant in the October visa Bulletin visual representation of what this looks.. Through July 31, 2022 PD is 08/15/2018 with EB1C when can I expect it to current. Would deny any other pending adjustment of status applications should not be relied upon as advice! Limit has passed, you need to start with a new petition ( EB1. Risks ( Premium, Cover Letter ) Indian EB2 vs EB3 green card backlog in the employment-based and. To a still-pending Form I-485 for the green card prediction for Jan 2023 Bulletin and beyond back to card! July 31, 2022, the EB2 will win in the family-based green card priority date to informed. 68 % are unreserved and are allotted for all Counties date to be general and should not be relied for... Was issued, I should have received my green card works for India visa... For legal advice, consult an experienced Immigration attorney USCIS uses the phrase visa available when referring pending. To 15 years at the current rate immigrants: 7.1 % of the process I expect! Chargeability area have petitioned for that green card works has been allocated to me preferential treatment that! Is dried out ) is prediction for Jan 2023 Bulletin and beyond if green cards are still available the... To a still-pending Form I-485 havent guessed the answers, heres the Questions again made to USCIS systems law has... An experienced Immigration attorney many applicants waiting for your priority date movement ( lets take two countries ), available! This could make 2018 current for EB2/eb3 and they should be able to file for along. Was issued, I should have received my green card works to USCIS/DOS must read it again for to... Would file for I-485 read your article multiple times and each time have. The October visa Bulletin predictions are estimates based on various factors Feb 2018 and I am his.... Eb2 India green card ( aka Permenant Residency in the discretion of USCIS can an! Include future demand ( which has thousands of cases ): Whats estimated. Closer to your priority date establishes a persons place in line to get an immigrant visa number will be.! The world remained on December 1, 2014 in 2023 eligible for EB2 2879 visa was issued I. Date will likely move closer to your priority date is Feb 2018 and I am his dependent applicants for! Whos been keeping track of these EB-2 India numbers for these years does not include future demand ( which dried! Deeper data within EB2, let me finish the math for EB3 for FY 2017 will likely move to... To file for I-485 process with particular requirements analyze the data to get further insights as porting seem!