India EB2 to EB3 downgrades are possible. It would be very useful to understand how USCIS is currently processing these cases in each category. EB-5 Investors You can estimate your own green card date based on the same AI algorithm which we use for predicting visa bulletins. The porting aspect only comes in when you indicate that you want to retain your original priority date. I have questions about the EB3 FY 2017 Numbers: Total Available EB3 = 40,040 For more information about transfer of underlying basis, please see Volume 7, Part A, Chapter 8 of the USCIS Policy Manual. The number is even lower than their first-quarter i485 approvals which stood at 27,485. When the demand for visas is higher than estimated and/or the availability of visas is lower than estimated, this may require retrogression of a Final Action Date in order to ensure that visa use remains within the limits established by Congress and that visas within a particular queue (based on category and country of chargeability) are generally allocated to those with the earliest priority dates as possible. Your priority date should be before this date. Also, my PD is Jan, 2010 under EB2. Under INA 201(d)(2), the unused family-sponsored visa numbers from the previous fiscal year are added to the overall employment-based limit. March 2023 Visa Bulletin: Overview and Predictions, Employment-Based Final Action Dates Chart. F1 Unmarried Adult Sons and Daughters of U.S. Citizens: 23,400 plus any numbers not required for fourth preference. TN Visas. You may have noticed the following from two data sets. 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. Each person who files a petition with the USCIS receives a priority date when the government obtains your petition. 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. When will I get my green card? 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? ht. Q. Mexico moves to April 1, 2001. And you also have an option to go to Canada via Express Entry. If you dont understand the logic at work here, dont worry. Q. Why these are empty Who is this question for. Mexico remained on January 1, 2002. Many applicants waiting for the Green Card for decades can apply for I-485 along with EAD/AP. This articles needs to mention this USCIS practice. And are there any restrictionson types of business that qualify for EB5 Visa? Permanent Residency Green Card Process and Steps. https://travel.state.gov/content/dam/visas/Statistics/Immigrant-Statistics/WaitingList/WaitingListItem_2018.pdf 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. 3000 cars issued per year. Remember that your priority date does not move, and you cannot change it except under certain circumstances. EB-5 (Unreserved including C5, T5, I5, R5). You should be ready to file i-485 documents if the dates move forward quickly as the window might not stay open for long. Total Available with Spill Over from EB2 = 40,040 + 0 = 40,040 All countries in EB-1 are current except for China and India, which are on June 1, 2022. 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 . To highlight the importance of applicants making this decision themselves and communicating it to us, here is an example. So, EB1 will move at a slow pace (as per avail cap numbers). File i485, EB2 to EB3 downgrade with approved i140. Q. (YYYY-MM-DD): Pending I-485 Cases Ahead of You: Pending CP Cases Ahead of You: Your Overall Place in Line for Green Card: (Added 10/26/2022). There are five chargeability areas for this category: China, India, Mexico, the Philippines, and all other countries. So 2 days in a month average. Raghuram, very well explained and thanks for taking time to explain in detail. You may still receive a visa when one becomes available to you based on that priority date. No country can receive more than 7% of the total number of EB and FB preference visas in a given year. This is different from cross-chargeability, which is when an applicant may benefit from the charging of their visa number to their spouses or parents country of birth rather than their own. 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 . How many visascame from EB1 to EB2? 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? In reality, you need to start with a new petition (and a new PERM if necessary). 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. Spillover from FB to EB next year - political considerations . This situation will be continually monitored, and any necessary adjustments will be made accordingly.. It is unavailable for family- or investment-based immigration and the EB-1C or EB-2 NIW. This tool is useful for estimating your green card approval date. Legal services are subject to a separate attorney agreement between VisaNation Law Group PLLC (formerly SGM Law Group PLLC) and you. https://travel.state.gov/content/dam/visas/Statistics/Immigrant-Statistics/WaitingList/WaitingListItem_2018.pdf. 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. I have one question though. Back to Green Card Discussion Forum (I-485) Ask a Lawyer. 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)? More Options: If you are new to immigration process or would like to see what other immigration options are available, please Prediction; Dashboard; Prediction; Dashboard; Lawyer Questions; Search. This notification was made automatically as a result of an internal update made to USCIS systems. where will priority date for india head ?do watch this video , like , subscribe a. 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. Based on Oct 2018 data, your Priority Date may become current around September 2021, As of How does a transfer of underlying basis request affect the calculation of a childs age under the Child Status Protection Act (CSPA)? Parents may not cross-charge to a childs country. So for example, if India is most retrogressed, which it currently is and if there are any unused EB1s in the ROW, then India will get additional allocations to that extent. Finally, in the F-4 category, China and the rest of the world are on March 22, 2007, India on September 15, 2005, and the Philippines on August 22, 2002. Prediction; Dashboard; Prediction; Dashboard; Lawyer Questions; Search. USCIS had told the court in 2022 that the dates for EB2 should not be retrogressed and will stay current if they were current in July 2022. EB1 ROW has PD (Feb 2020 VB is DE 1, 2018), so there will be no spillover coming to EB1 India until that clears. Can $500,000 Investment be Any Type of EB5 Projects? Youll notice there are two charts for each category. and get total less than 3K. Mainland China advances to July 1, 2014. Total Available per country (lets take two countries), Total Available for EB-2 for All Counties. If theres no bracket below certain dates, there is no movement for those dates/categories in the latest visa bulletin. any chance for aug 2011 EB3 to become current or atleast get EAD in a year or so? A. A. 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. However, there are two prominent cases in which you may be able to shorten your green card processing time, which we will explain here. 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. In other words, the principal applicant or derivative spouse may never use their childs country of birth for cross-chargeability. MY GOD, WHY IS THIS SO HARD TO UNDERSTAND??? EB-1 Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences. If a noncitizen has become a lawful permanent resident, USCIS would deny any other pending adjustment of status applications. 9. New family base visa numbers are out for july will there be any spillover ? Once current, you will adjust your status or go through consular processing. If 2879 Visa was issued, I should have received my Green card as per I485 Inventory Data. 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. Thats how you got the 6k. For more information about when a visa is considered available for CSPA purposes as well as other details about CSPA, please seeVolume 7, Part A, Chapter 7 of the USCIS Policy Manual. All areas of chargeability retrogress to February 1, 2022, including China and the Philippines. 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. Very good point. $3.99 + $1.00 shipping. These visa bulletin predictions are estimates based on recent movement in the employment-based categories and should not be relied upon as legal advice. Change in laws must.Keep lobying. 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. 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. 2021-22 Panini Prizm Draft Picks Basketball Cello Pack **FACTORY SEALED** Cade. Thanks a lot for all your analysis. (Updated 10/26/2022). U.S. Immigration law allows foreign nationals to obtain Green Card (aka Permenant Residency in the USA) through Employment. When do you think it will be current? Change in law is required for faster movement. You can leave the. A. https://www.mygcvisa.com/ tracker/. Q. Do you need help with your immigration case? With five different preference levels and seven chargeability areas, USCIS issues employment-based category visas through your job or occupation. . You can learn how to decode the numbers and more. OP. The Philippines stayed on October 1, 2013. Per the following link, as of November 2018 there are only 876 EB1 pending applicants. Q. AAO Keep this date handy since you will need it to compare to the dates in this bulletin. October 2022 Visa Bulletin Predictions. 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. 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. DACA. So approx 200-300k GCs should flow into EB. USCIS/NVC Timeframe: Please click here to see how long it currently takes to process application. EB Green Cards We offer Zoom and telephonic consultations. 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. Good details. The State Department Visa Bulletin February 2023 shows backlogs in getting green cards in both the family and the employment-based categories. How many Visa did EB3 India get from EB2 Spill Over? 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). Q. F-1 Unmarried Adult Sons & Daughters of US Citizens, Mexico No Movement 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. A. Q. A. You can even search around on Google to find How EB Spill Over works. 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. Zoom Consultations Available! Client Reviews 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. Watch this thread Start a new thread Add a post . no one will work for you if you dont work for yourself. They are also estimating that EB1 India will also get a restricted date starting Jan 2023 bulletin. Carl If green cards are unavailable, you will not see any movement from that final action date. Most of these persons are residing in the US on temporary working visas. If USCIS has granted my transfer of underlying basis request, does it mean that an immigrant visa has been allocated to me? 2501 S. State Hwy. When is a derivative childs applicant age locked under the Child Status Protection Act, and how is that age calculated? Your next question should be based on the I-485 Inventory Data. (Added 10/26/2022). For legal advice, consult an experienced immigration attorney. Unless any lawsuit changes this stance, Indians are in for a big shock. 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. What happens when an EB-3 I-140 downgraded petition is pending and attached to a still-pending Form I-485? 2018-07-01 473 1658 2131, I also wanted to know about the empty cells on your analysis above. 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. If you have further questions about the process or anything else about your green card, you should consult with your immigration attorney. 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. If visas are not required in a particular employment-based category, are they made available in the other employment-based categories? Why does USCIS not review its records and make the decision for the applicants? Heres Annual Limits for Employment Based Green Card for FY 2018 from the Dept of State. Law who has testified as an expert witness before the US Senate Immigration Subcommittee. The responses and information are intended to be general and should not be relied upon for any specific situation. Will EB2 India reach Dec 2014 by Sep 2023 bulletin? Will HR-1044 (if it becomes a law) do any good for EB2 India? Great analysis . Prediction for Oct 2023 . The Department of State (DOS) typically reports the annual numerical limit as part of the September Visa Bulletin each fiscal year. (Added 10/26/2022). For the first question, you should know the answer based on my explanationso far in this page. 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. BIA, Political Yes. 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. My question is what happens to unused EB3 numbers? 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. Mexico stayed on December 1, 2002, and the Philippines remained on April 22, 2015. 121 Business China remained on July 8, 2019, and India stayed on May 1, 2012. Please note that with the enactment of the EB-5 Reform and Integrity Act of 2022 on March 15, 2022, Congress established special rules for the carryover of some unused EB-5 visas from one fiscal year to the next. Chinas wait-time is like 14 years and India is around 8 years. Disclaimer: Website, software platform and administrative support are provided by VisaNation Inc., a Delaware corporation. Watch this thread Start a new . My PD is 2012 feb for eb3 category. I dont see that happening since China has 14 years backlog and India has like 8 years EB5 wait. This will give you a Green card immediately as there is neither any yearly limit nor any priority date waiting for immediate relatives of US citizens. Decades of Immigration Experience Working for You. But,. many thanks. Crimes Correct? The second situation involves green card porting, or transferring your application from a lower preference level to a higher one to take advantage of the shorter waiting times. All content Copyright // Daxton Hotel Restaurant Menu, Articles G