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. Why must applicants request to transfer the underlying basis of their pending Form I-485? 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. The government estimates that 197,000 green cards will be available to persons in the employment categories in Fiscal Year 2023, down from 281,507 in FY 2022, but 57,000 higher than the 140,000 mandated by law as the result of 57,000 unused family-based green cards in Fiscal Year 2022. Remember, marriage-based green card applicants, are known as immediate relatives and dont have to wait to receive a green card. Q. 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). 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. A. My PD is 8/19/2016. If you received this notice as a result of the automatic update, your case will continue to be processed per standard procedures. 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. But, only 8,997 was issued. However, there are two prominent cases in which you may be able to shorten your green card processing time, which we will explain here. Green Card applicants in EB3, would have gained enough experience and become eligible for EB2. The time that it will take you to get a green card depends on the category of your petition and your country of birth. If theres no bracket below certain dates, there is no movement for those dates/categories in the latest visa bulletin. 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? Biden If we deem approvable a Form I-485 of a derivative family member and a visa number is not available based on the Final Action Dates chart in the Visa Bulletin at the time we make that determination, the application will remain pending until a visa number is available, DOS allocates a visa, and USCIS completes the adjudication. Mainland China advances to July 1, 2014. document.getElementById( "ak_js" ).setAttribute( "value", ( new Date() ).getTime() ); 2023 Happy Schools - Privacy Policy - Terms and Conditions - Contact - About. Please note that accepting or rejecting a benefit request is part of USCIS intake processing; it is not the approval or denial of the benefit request by an adjudicator. Attn: Supp J (Box 660834) Denaturalization Total Issued for EB3 South Korea = 3,290 For more information about derivative applicants and accompanying or following to join, please see Volume 7, Part A, Chapter 6 of the USCIS Policy Manual. EB-1, EB-2, and EB-3 each receive 28.6% of the overall limit, and EB-4 and EB-5 each receive 7.1% of the overall limit. https://www.mygcvisa.com/ tracker/. If I applied for adjustment of status as a principal applicant, and my spouse applied as my dependent family member, but now visas are unavailable for us based on my petition but they are available based on a petition filed for my spouse, may we transfer our pending adjustment of status applications to her petition? Excellent analysis. 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? 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 results are estimates and for your informational use only, and we specifically disclaim the accuracy of the information provided. A. 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? A. Dallas, TX 75266-0834, USCIS Green Card Calculator: You can use GC calculator to estimate when your priority date may become current. Again, I dont know only 34,938 was issued when available, numbers is 40,040 for FY 2017. Unsubscribe at any time. I have a Green Card Guide, that includes the analysis (available for purchase). Does retrogression affect my priority date or place in line for an immigrant visa? Religious Many applicants waiting for the Green Card for decades can apply for I-485 along with EAD/AP. Central America remains at March 15, 2018. The porting aspect only comes in when you indicate that you want to retain your original priority date. 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. Please advice. To stay in the know about things like the newest visa bulletin, you can subscribe to the Department of States newsletter by emailing [emailprotected] with the message Subscribe Visa Bulletin.. How does the transfer of underlying basis request process work? It will be a while before you can expect the interview. Im just trying to say that experience gained and manager titles should be given equal priority. 2023 AM22Tech| If green cards are unavailable, you will not see any movement from that final action date. 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? Finally, for EB-3 Other, we see Mexico, the Philippines, Central America, and the rest of the world remain at February 1, 2020. If they go by actual i140 numbers, the app prediction will probably be a lot closer to reality. No. However, if the limit has passed, you may see the date retrogress or move backward from your priority date. What happens when an EB-3 I-140 downgraded petition is pending and attached to a still-pending Form I-485? Therefore, any unused family-based visas get added to the EB categories. 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? The pre-covid speed of the visa bulletin is back sooner than estimated. 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. The State Department has said they will continue monitoring the situation and make any changes as necessary. How did EB3 India get 6,608, when EB2 India got just 2,879 for FY 2017? I have questions about the EB3 FY 2017 Numbers: Total Available EB3 = 40,040 Visas not required in EB-1 are made available in EB-2, and visas not required in EB-2 are made available in EB-3. One of your friends casually mentions how he ran into an H1B Visa holder applying for Green Card via EB5 Visa. Hence it can use more EB2 numbers: 4909 in 2017, 4405 in 2018 In the F-2B category, China, India, and the rest of the world remained on September 22, 2015, while Mexico stayed on June 1, 2001, and the Philippines remained on October 22, 2011. 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. When USCIS uses the phrase visa available when referring to pending applications for adjustment of status, what does this mean? When theres unused Green Cards from other Categories, they began to move Up, Down and Sideways as underlined in the above picture Fall-Up and Fall-Down and let me add one more term Fall-Side. November 2022 Visa Bulletin Predictions: Green Card Limit, Priority Date, Spillover | US ImmigrationWe are dedicated to providing you with the current and most accurate information about US immigration journeys.This channel is dedicated to latest updated on USCIS New Policy Updates \u0026 New Applications Processing Time.Disclaimer: This channel is not owned by an any US Government Agency or an Immigration attorney. Check back at a later point. Q. Philippines uses fewer EB1 and EB2 as well. If we do not grant the transfer request, we will adjudicate the Form I-485 application based on the petition associated with the Form I-485 application prior to the transfer request. Site Map, Success Stories *The numbers in the brackets designate the amount of movement in the filing date for that particular category compared to the previous month. I still didnt understand how EB3 allocation can be 6K and more than EB2 for India. The chargeability areas are China, India, Mexico, the Philippines, Central America (Guatemala, Honduras, El Salvador), Vietnam, and the general category. These are commonly referred to as the fall up/fall down provisions. H-1B Visas Each Country has a Cap of 7% Per category. Q. You can leave the. 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! Congress did not create a pathway in the statute for visas not required in EB-3 to be made available in another employment-based category. EB2 India Green Card Prediction for Jan 2023 Bulletin and beyond. DOS makes such estimates, and the Visa Bulletin reflects those reasonable estimates. However, these are estimates, and DOS working collaboratively with USCIS cannot know exactly how many individuals may ultimately apply for adjustment of status or an immigrant visa or have their applications approved. 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). Mexico stayed on December 1, 2002, and the Philippines remained on April 22, 2015. The EB3 India should still move forward and may reach 2014 as per our estimation. A. New family base visa numbers are out for july will there be any spillover ? A. If you have already filed your i485 but have not submitted the medicals, we strongly recommend. 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. *The numbers in the brackets designate the amount of movement in the final action date for that particular category compared to the previous month. Therefore, the final action dates constantly change based on how many people from each chargeability area have petitioned for that green card. We estimate that EB3 India will move forward while EB2 India will stay around 2011-2013 by the end of Sep 2023 now. Our experience in the past year with all our H1B renewals has been amazing, and weve obtained great results., - KRG Technologies, Valencia, California Read More Reviews, F-2A Spouses & Minor, Unmarried Sons & Daughters of LPRs, Mexico No Movement China is more retrogressed than South Korea and Philippines. Besides, whats the point in paying all the social security taxes for a decade without any benefits ??? Multiple sources are reporting that there could be some spillover from the family-based green card category to the . Your priority date should be before this date. We are dedicated to ensuring we use as many available employment-based visas as possible in FY 2023, which ends on Sept. 30, 2023. 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. Q. Q. USCIS cannot create a waiver or exemption from the health-related grounds of inadmissibility where Congress has not done so. and get total less than 3K. Porting to EB2 would increasethe wait times of EB2 applicants. When USCIS uses the phrase visa available in reference to a pending adjustment of status application, it means that the applicant in the given family-sponsored or employment-based preference category has a priority date that 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). InfoPass No. Great article Raghu. However, the petition was filed over 10 years ago, and the noncitizen no longer has a relationship with the potential employer, or the employer may no longer exist or no longer be willing to employ the noncitizen. In the EB-3 Other category, there is no change for Mexico, India, Philippines, Central America and the rest of the world. PTs, OTs, etc. A. USCIS may only adjust the status of a noncitizen to lawful permanent residence under INA 245(a) if the noncitizen demonstrates that they are admissible to the United States for permanent residence. The statutory language relating to both adjustment of status and the health-related grounds of inadmissibility require USCIS to apply those grounds of inadmissibility to all adjustment of status applicants regardless of the number of years they have already lived in the United States in other statuses (with a limited exception for immunizations for certain adopted children 10 years of age or younger). Very good point. Check the following empty cells in the image below. One of the most significant parts of getting a green card in the U.S. is waiting for your priority date to be current. In the F-2B category, China, India, and all other countries of chargeability remain at January 1, 2017. Will HR-1044 (if it becomes a law) do any good for EB2 India? 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). My priority date is Aug-2012 in EB2, my US born son age is 9. 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. Under INA 202(a)(5)(A), if the total number of visas available in one of the employment-based categories for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available in that category will be issued without regard to the per-country numerical limitation. For April 2023. 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. If you have a pending petition, that does not prevent us from granting a request to transfer the underlying basis of your pending Form I-485 to a different Form I-140. Possible Spillover From Family-Based Green Cards. 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. Thank you Raghu, please add your analysis based on 2018 Vs 2019 November data published by USCIS links below: How do you know that USCIS does spillover for each country individually first? The number is even lower than their first-quarter i485 approvals which stood at 27,485. A. 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. excellent analysis. 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. Why my priority dates are not moving? Do you need help with your immigration case? Theres no spill over from EB1 to EB2 ROW and EB2 ROW to EB2 India. Hence data will keep changing every month. Lets apply this theory with Real Data for FY 2017 Green Allocations by Country and Category. What this means is any unused ROW EB2 numbers are first spill over to ROW EB3 before they move to EB2 backlogged countries. File i485, EB2 to EB3 downgrade with approved i140. Divided by pending I-485 petitions will give a realistic estimates. The Departmentof State can technically give all the availableEB Visa on the First Day of Fiscal Year (Oct 1) or Release the visa numbers as requested by USCIS every month or every quarter. Theres a set limit on how many Green Cards can be issued per year per country per preference category through Employment Based. You can even search around on Google to find How EB Spill Over works. Citizenship, How EB Green Card Spill Overbetween EB1, EB2, EB3, EB4 and EB5 works, Top 10 Tweets About S386 Bill Green Card Country Cap Removal, October 2018 Visa Bulletin Comes with Great News for EB2, EB3 India. Thats how you got the 6k. Based on the last few release dates of visa bulletins, we can expect the September 2022 visa bulletin to be released on August 8 or . If you look at I-485 Inventory data, there are four countries (India, China, Mexico and . NVC 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. Any suggestions on moving to new job or staying with current? This is misleading because you dont port your green card. 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. When does the special exception to the per-country levels for the employment-based categories apply? Or am I missing something? (Added 10/26/2022). 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. October 2022 Visa Bulletin Predictions. (Added 10/26/2022). They indicate how far forward the Final Action Dates may advance in the coming month. The companion bill HR 1044 in the U.S. House passed by 365 65. (Added 10/26/2022). EB3 may only reach end of 2013. Good question and a typical question from a potential investor who is just learning about the EB5 Visa process and investment requirements. Through July 31, 2022, the two agencies have combined to use 210,593 . Change in laws must.Keep lobying. 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 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. However, when their children turn 21 years old, many of them are no longer able to maintain lawful immigration status in the U.S. and risk becoming separated from their families. Yes. (Added 10/26/2022). If a noncitizen has become a lawful permanent resident, USCIS would deny any other pending adjustment of status applications. O-1 Visas A. October 2022 Visa Bulletin Predictions.Possible Spillover FB Green Card to EB | Benefit for I-485#visabulletin #uscis #greencard The USCIS normally strives t. Surely with less wastage it should reach earlier right? Use the coupon code DWHF5RQ6 to get a $29.99 discount on the am22techs NABC certificate service. Our predictions are based on these numbers that we think are possible. When do you think that will be become current ? Prediction; Dashboard; Prediction; Dashboard; Lawyer Questions; Search. Disclaimer: Website, software platform and administrative support are provided by VisaNation Inc., a Delaware corporation. 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). 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). All countries in the F-2A category are current. The responses and information are intended to be general and should not be relied upon for any specific situation. Tags: 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. 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. How is the employment-based annual limit distributed between the categories? 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? Out of 40,040 available for EB2, why did India get just 2,879. 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 Available per country (lets take two countries), Total Available for EB-2 for All Counties. Fewer EB1 and EB2 ROW and EB2 ROW to EB2 would increasethe wait times of EB2.. Are based on how many people from Each chargeability area have petitioned for that green card in the visa. A potential investor who is just learning about the EB5 visa a 29.99... Are intended to be general and should not be relied upon for any specific situation the information provided without. 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