Your current employer with an approved I-140 (from EB-2) with a priority date that is current in EB-3, can downgrade your case . What I meant was when the wastage is 50% it shows my pd in 2014 as reachable in Aug 2022 but if I put it as 25% wastage then it shows it reachable in May 2023. Due to the global pandemic and limited appointments at overseas consular offices, family-based immigrant visas continue to see low usage numbers. It does not include future demand (which can increase or decrease anytime). S0, unused 943 visas from EB4 would spill over to EB1. 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. The S386 Bill: Fairness for High-Skilled Immigrants Act of 2019 aka Country Cap Removal for Employment-Based Green Card Bill. You are correct about 2800 issued per year. USCIS has specified to use the Dates For Filing Chart for all employment-based AOS Filings for March 2023. For more information about portability, please see Volume 7, Part E, Chapter 5 of the USCIS Policy Manual. 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. If you dont understand the logic at work here, dont worry. EB Green Cards For legal advice, consult an experienced immigration attorney. A. The first term that youll hear thrown around is the priority date. The State Department provides the following guidance regarding the EB-4 category: In the December 2022 Visa Bulletin, EB-4 final action and application filing dates were established for Rest of World countries, China, India, and Philippines in response to high demand. Here are the March 2023 Visa Bulletin Final Action dates for employment-based immigrant visas. Senator from Georgia David Perdue blocked this bill S386. Yes. In the F-1 category, China, India, and the rest of the world remained on December 1, 2014. 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. 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. A. Your Form I-485 is based on an employment-based immigrant visa (but not an EB5 visa). The answer is ZERO! *The numbers in the brackets designate the amount of movement in the filing date for that particular category compared to the previous month. 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. Oct 2018 content is improved and answers readers questions from Session 1. Theres a set limit on how many Green Cards can be issued per year per country per preference category through Employment Based. Im just trying to say that experience gained and manager titles should be given equal priority. Thanks for the feedback. Q. Please note that just because a visa is available for issuance to an applicant does not mean that the applicant has been allocated a visa. Within EB2, allocated visas are split into the following buckets (as per I-485 Inventory Data): Yup. 9. Slow movement in EB2 is expected until May 23. (Added 10/26/2022). Just 76 visa came from EB2 ROW. To highlight the importance of applicants making this decision themselves and communicating it to us, here is an example. Number use and demand has been higher than anticipated at the start of this fiscal year, so further retrogression has become necessary. EB3 may only reach end of 2013. 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). VisaScreen China and the rest of the world are at March 1, 2022, India at April 1, 2021 and Mexico is at September 1, 2020. All areas of chargeability retrogress to February 1, 2022, including China and the Philippines. 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. You can even search around on Google to find How EB Spill Over works. Q. Total Available per country (lets take two countries), Total Available for EB-2 for All Counties. When does the special exception to the per-country levels for the employment-based categories apply? Your estimate of time taken for an applicant ,whose priority date is Aug-2012, is 12 years to become current and get his GC. The State Department has said they will continue monitoring the situation and make any changes as necessary. Why these are empty Who is this question for. Their clothes, dressing sense, food habits, TV shows they watch all are purely Indian. 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. EB-3 Other for China advances to July 1, 2014. The unused family-sponsored numbers are added to the employment-based limit immediately at the start of the year, though DOS makes their final determination of the annual limit later in the year. The tool can also be used by consular processing applicants to get . Do biometrics expire due to retrogression? https://travel.state.gov/content/dam/visas/Statistics/Immigrant-Statistics/WaitingList/WaitingListItem_2019.pdf Picture Information. Back to Green Card Discussion Forum (I-485) Ask a Lawyer. Check the following empty cells in the image below. I still didnt understand how EB3 allocation can be 6K and more than EB2 for India. Due to patterns we have seen in the past, the USCIS typically tries to narrow the gap between India EB2 and EB3 priority dates. From Annual Numerical Limits FY 2018 Data. 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. 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. 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. Q. 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). many thanks. I have seen a trend where the wait for EB1 India goes upto 5-6years and suddenly becomes current within the same year. Even I want to know why those are empty. NCLEX Final action dates are based on the green card category and the chargeability areayour country of origin. Can Aug 2011 eb3 become current in 2019? Permanent Residency Green Card Process and Steps. A. USCIS makes every effort to adjudicate the principal and derivative family members at the same time, but this is not always possible. Hi, My PD is February 2018 EB1A India. F4 Brothers and Sisters of Adult U.S. Citizens: 65,000, plus any numbers not required by first three preferences. 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. Is it true that the EB-3 I-140 does not have to be approved to allow a transfer of underlying basis of the Form I-485 to an approved EB-2 I-140 where the EB-2 priority date is current under the Final Action Dates? Your son may turn 21 and sponsor you by the time EB2 moves to 2012! You can leave the. If you are contemplating interfilinga process that allows AOS applicants to change their preference categorydont hesitate to contact VisaNation Law Group. Finally, in the EB-5 unreserved category, Mexico, the Philippines, Central America, and the rest of the world are current. A. 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. Check what do they have to say. Q. I will analyze the data to get further insights. 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.. . Well, I dont know the answer, but, I think, is because the Visa Demand and the numbers given by Department of State. Many applicants waiting for the Green Card for decades can apply for I-485 along with EAD/AP. ?,Due to my high school going kid , I need to look for options appreciate your response. Please click the Schedule Consultation link above. August 2023 Visa Bulletin Predictions. Under INA 214(g)(4), the period of authorized admission as an H-1B nonimmigrant may not exceed 6 years. However, there are certain exemptions to this limitation, including the exemption established by Congress in section 104(c) of the American Competitiveness in the Twenty-First Century Act (PDF) and codified in regulation in 8 CFR 214.2(h)(13)(iii)(E). This green card prediction tool is free to use. But, its easy to guess based on the EB2 numbers (to some extent). 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. My Account. Tags: You may have noticed the following from two data sets. (Added 10/26/2022). A. EB3 may only reach end of 2013. EB-1 Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences. It happens as USCIS uses manual method and probably moves dates based on political and other factors that are out of control. If a noncitizen has become a lawful permanent resident, USCIS would deny any other pending adjustment of status applications. What happens next? There are no per-country limits for immediate relatives of U.S. citizens. Great article. In the F-4 category, China, India, and all other countries of chargeability are at December 15, 2007, while Mexico remains at April 1, 2001, and the Philippines remains at April 22, 2004. If I port down to EB3, do you think EB3 Jan 2010 will be current anytime soon. 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. 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? Looking for U.S. government information and services? What categories benefit from the estimated 57,000 unused family-sponsored visa numbers added to the employment-based annual limit? mw. (Added 11/17/2022). Email Newsletter: To receive email as soon as latest visa bulletin is released, please click here. 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). 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. You can estimate your own green card date based on the same AI algorithm which we use for predicting visa bulletins. EB4 and EB5 = 7% of 9,940 = 696. Heres the link to the REcorded Version with Bonus Contents http://geni.us/EBGreenCardProcess. There are five chargeability areas for this category: China, India, Mexico, the Philippines, and all other countries. Most of these persons are residing in the US on temporary working visas. EB2 to EB3 Downgrade Process, Risks (Premium, Cover Letter) Indian EB2 vs EB3 green card priority date movement. A. 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. Unless any lawsuit changes this stance, Indians are in for a big shock. We estimate that EB3 India will move forward while EB2 India will stay around 2011-2013 by the end of Sep 2023 now. If they go by actual i140 numbers, the app prediction will probably be a lot closer to reality. 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. 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. 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. "Date for Filing Application" is the date when you can submit I-485/NVC applications to USCIS/DOS. Derivative children may cross-charge to either parents country as necessary. If you have further questions about the process or anything else about your green card, you should consult with your immigration attorney. Congress has established statutory provisions that allow for the flow of visas not required in certain employment-based categories to be made available to applicants in other employment-based categories. 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. Each Country has a Cap of 7% Per category. Does retrogression affect consular processing? Thanks Raghu for the analysis.. Just to double check that I understood this correctly, the Unused EB1s from ROW will flow into the most retrogressed country for EB1. With this knowledge about Spill Over, I-485 Inventory Data and Visa Bulletin, we have to answer the following questions: Before we can answer the above questions, you have to understand the Role of USCIS and the Department of State. 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. Thank you for detailed information. green card spillover 2022 predictions. As stated inVolume 7, Part A, Chapter 7 of the USCIS Policy Manual, [i]f an applicant has multiple approved petitions, the applicants CSPA age is calculated using the petition underlying the adjustment of status application. When we approve a request to transfer the underlying basis of the pending adjustment of status application, we calculate the CSPA age using the approved petition that forms the new basis of the adjustment application. 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