Fiscal Year 2023 Employment-Based Adjustment of Status FAQs. A. Note: Priority dates are not relevant for immediate relatives of U.S. Citizens (e.g., spouses or minor children) as that category is always current. Just 76 visa came from EB2 ROW. Videos Theres no spill over from EB1 to EB2 ROW and EB2 ROW to EB2 India. Q. 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 The EB3 India should still move forward and may reach 2014 as per our estimation. Finally, in the EB-5 unreserved category, Mexico, the Philippines, Central America, and the rest of the world are current. This was supposed to be good news for Indians but USCIS has spoiled it by estimating that ROW (the rest of the world) is going to use all the numbers. Adjustment of Status China remained on January 1, 2016, and India on December 8, 2019. and get total less than 3K. Since USCIS updates data every few weeks, estimated date shown below may also change every few weeks. Free shipping for many products! Predictions for 2022-23 Assuming that there is a 50k spillover in Oct 2022 bulletin and then USCIS wastage in 2022 is less than 5% or near zero (best case), we estimate these dates to be possible in the next 12 bulletins. Enter your country of birth and employment-based GC category. All countries in EB-1 are current apart from China and India, which remain at February 1, 2022, as of this bulletin. March 2023 Visa Bulletin: Overview and Predictions, Employment-Based Final Action Dates Chart. If your underlying petition is approved and a visa is available to you, but you know that your previously filed Form I-485 does not have a valid Form I-693,it will help USCIS use the available visas and adjudicate your application if youvisit a civil surgeonand have a valid Form I-693 on hand when we send the request to you. Get latest visa bulletin and blog posts sent directly to your email address. This equates to over 290,000 employment-based green cards. If you dont understand the logic at work here, dont worry. When does the special exception to the per-country levels for the employment-based categories apply? I did two Live Webinars on How to Navigate the Green Card Process (150 and 130 Minutes in Duration). People with i485 pending in both EB3 and EB2 will benefit. A. Religious Site Map, Success Stories If you have already filed your i485 but have not submitted the medicals, we strongly recommend. InfoPass Will HR-1044 (if it becomes a law) do any good for EB2 India? If I am applying for adjustment of status, should I submit Form I-693 with my Form I-485? 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? Work Visas One of your friends casually mentions how he ran into an H1B Visa holder applying for Green Card via EB5 Visa. However, if the limit has passed, you may see the date retrogress or move backward from your priority date. Q. Social Group 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. 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. As attractive as porting might seem, it is a delicate process with particular requirements. A. A. Noncitizens with pending adjustment of status applications should not send an unsolicitedForm I-693to us. Many attorneys have been preparing to file a lawsuit too to challenge USCISs interpretation of giving away the full spillover to ROW instead of giving it to the most backlogged country which is Indian and China. If you havent guessed the answers, heres the questions again. English Exam O-1 Visas Great article. Decades of Immigration Experience Working for You. Total Available with Spill Over from EB2 = 40,040 + 0 = 40,040 Q. F4 Brothers and Sisters of Adult U.S. Citizens: 65,000, plus any numbers not required by first three preferences. In the employment-based preference categories, a childs age under theChild Status Protection Act (CSPA)is the childs biological age at the time of visa availability less the amount of time that the underlying petition was pending, but only if the child sought to acquire status as a lawful permanent resident within one year of the date a visa is available. 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. Nothing on this website or associated pages, documents, comments, answers, e-mail, articles or other communications should be taken as legal advice for any individual case or situation. Carl Shusterman served as an INS Trial Attorney (1976-82) before opening a EB-3 Other for China advances to July 1, 2014. A. Your son may turn 21 and sponsor you by the time EB2 moves to 2012! EB1 ROW has PD (Feb 2020 VB is DE 1, 2018), so there will be no spillover coming to EB1 India until that clears. Where can we find how many unused visa nos are available for EB3 or EB2 india for 2020. A. 2023 VisaNation, Inc. All Rights Reserved. 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. Unless the US Immigration law is changed, to remove country-based GC limits with a law like S386, there is no real possibility of any Indian joining the EB2 Green card queue, to get a Green card in his/her lifetime. What is prediction for eb1 i485 adjustment date for priority date of Aug, 2019? The decision to grant a transfer request is made in the discretion of USCIS. The number is even lower than their first-quarter i485 approvals which stood at 27,485. 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). It happens because if there is less wastage, then EB2 may get more GCs than EB3. Can Aug 2011 eb3 become current in 2019? (Added 10/26/2022). Read: S386 Bill Status Latest News Updates You may wonder how. (Updated 10/26/2022). VisaScreen Its easy to schedule a legal consultation. USCIS will continue to take multiple, proactive steps in coordination with its partners at DOS to maximize the issuance of visas. I still didnt understand how EB3 allocation can be 6K and more than EB2 for India. 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. How will the unused family-sponsored visa numbers from FY 2022 that are added to the employment-based limit in FY 2023 be distributed, in light of per-country limits? Adjustment of status applicants with multiple pending or approved immigrant visa petitions in different EB categories who may decide to transfer between categories based on which category seems most advantageous to them. If green cards are unavailable, you will not see any movement from that final action date. Q. 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. As per this figure, the number of EB2 Visa issued for Indian Nationals came down drastically from FY 2014. Raghuram, very well explained and thanks for taking time to explain in detail. Remember, marriage-based green card applicants, are known as immediate relatives and dont have to wait to receive a green card. OP. One of the most significant parts of getting a green card in the U.S. is waiting for your priority date to be current. EB2 for India has moved 4 days in 2 months. 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. Remember that your priority date does not move, and you cannot change it except under certain circumstances. Jobs & Visas Nurses 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. Maybe 10 to 15 years at the current rate. 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. I have EB1A PD March 2017 India- what would timelines look for me? Great news for applicants waiting on Green Card backlog in the October Visa Bulletin 2018 from the Filing Chart Date. Yes. All Other Countries No Movement, We are very pleased by the services we get from the Law Offices of Carl Shusterman. The 60-day rule, which has been temporarily waived,does not apply to Forms I-693 signed by the civil surgeon after you have filed Form I-485. Green Card Lawsuit Details - 2022 Each case will be filed as an individual case as Brad thinks that it has a better chance of getting a positive result. Multiple sources are reporting that there could be some spillover from the family-based green card category to the . They are all EB1-C geniuses who use a loophole in the system and come in as functional managers whatever that might be. A. Therefore, the final action dates constantly change based on how many people from each chargeability area have petitioned for that green card. 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. A. This means a total of 200k GCs will be available for the employment-based category. They have an older approved petition in a different preference category where a visa is available to them. Prediction for Oct 2023 . Employment-based transfer requests that are not accompanied by a Supplement J should be submitted in writing to the USCIS office with jurisdiction over your pending I-485 application. (Added 10/26/2022). Theres Top to Down spillover EB2 to EB3 (which is dried out). For the family and employment preference categories, the law imposes a limit on how many immigrants from any particular country can receive green cards in a given year. A priority date establishes a persons place in line to get an immigrant visa. Eligibility You filed a Form I-485 before February 1, 2021, in EB2 or EB3. Mainland China advances to July 1, 2014. I have one question though. In reality, you need to start with a new petition (and a new PERM if necessary). When Will the September 2022 Visa Bulletin Be Released? (Updated 10/26/2022). A visa number is not subtracted from the annual limit based on any other preliminary step in the adjudication process (that is, not at the time of filing, not at the time of interview scheduling, not at the time of transferring to a USCIS Field Office, not with the issuance of a Request for Evidence, not with the approval of the underlying immigrant visa petition, not with the granting of a transfer of underlying basis request, etc.). Youll notice there are two charts for each category. Surely with less wastage it should reach earlier right? So 2 days in a month average. USCIS has estimated that EB2 Indians will only get a total of about 4k GC in 2023. When will the category become current according to your analysis? Q. When will I get my green card? However, this is only available for certain green cards that use the I-140. To highlight the importance of applicants making this decision themselves and communicating it to us, here is an example. Q. Otherwise, use the Final Action Dates chart to determine when to file an adjustment of status application with us. This can happen as early as the first day of a fiscal year, depending on the relevant data. Under INA 203(b), visas not required in EB-4 and unreserved visas not required in EB-5 are made available in EB-1. There are millions of people waiting in line abroad for family-sponsored green cards. 2019-Nov: 2018-07-01 473 1658 2131, I also wanted to know about the empty cells on your analysis above. The Dates for Filing chart determines when an applicant can file an I-485. 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. Suppose you have an Adjustment of Status (AOS) application currently pending. 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. It's FREE to register! Its disappointing to see that those gained experience and promoted to manager roles in US can only be ported from EB3 to EB2, but those gained similar experience outside US can directly apply for EB1. Another reason Theres EB3 to EB2 porting. The first way is to file an I-140 for a green card and chargeability area with a current priority date. How does USCIS determine if an immigrant visa is immediately available when considering whether to accept or reject an adjustment of status application? I am on EB1 with priority date Jan 2018. Current Step: If your priority date is not current, then you can calculate when it may become current, check your case status, case processing time, A. When is a visa number subtracted from the annual limit? ?,Due to my high school going kid , I need to look for options appreciate your response. There are no per-country limits for immediate relatives of U.S. citizens. 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. This month, well go over the March 2023 visa bulletin. 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. However, there are two prominent cases in which you may be able to shorten your green card processing time, which we will explain here. With these priority date waiting times being so long, it's imperative that your first attempt is done the right way. It then, in collaboration with USCIS, reviews the pending inventory of adjustment of status and immigrant visa applications, makes reasonable estimates of new applications, estimates how many of the pending and newly filed applications are likely to result in visa use during the fiscal year, and compares those values to the available visas. It will be a while before you can expect the interview. *The numbers in the brackets designate the amount of movement in the filing date for that particular category compared to the previous month. Hi, https://travel.state.gov/content/dam/visas/Statistics/Immigrant-Statistics/WaitingList/WaitingListItem_2018.pdf. 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. SEND PRIVATE MESSAGE. What? $3.99 + $1.00 shipping. Appreciate your input. Number use and demand has been higher than anticipated at the start of this fiscal year, so further retrogression has become necessary. EB3 does not spill over to anyone as per our understanding. 2021-22 Panini Prizm Draft Picks Basketball Cello Pack **FACTORY SEALED** Cade. For example, the couple could not transfer to a petition filed in an immediate relative category where dependents are not permitted under the statute. Number of days between Dec 26 2008 and June 2014 is ~~ 2000 days. A. Hi, My PD is February 2018 EB1A India. So, USCIS would know in advance how many applicants would file for I-485. Great analysis . The Final Action Date chart indicates whether an immigrant visa number will be available. Lewisville, TX 75067-8003. 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. My husband is on EB1 and our priority date is Feb 2018 and I am his dependent. Attn: Supp J (Box 660834) It is unavailable for family- or investment-based immigration and the EB-1C or EB-2 NIW. [CDATA[ var year = new Date();document.write(year.getFullYear()); // ]]>Carl ShustermanWebsite Powered By QuadW TechnologiesTechnical Consultant Jacob Treger, J WaiversConrad 30MD VideosJob SearchNIWs, E-2 Investors I heard that USCIS does spillover for each country individually first before moving them to backlogged countries. A. All countries in EB-1 are current except for China and India, which are on June 1, 2022. 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. Q. (Updated 10/26/2022). Marriage Crimes Divided by pending I-485 petitions will give a realistic estimates. 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Pleased by the time EB2 green card spillover 2022 predictions to 2012 should not send an unsolicitedForm I-693to.. To explain in detail number subtracted from the Filing chart date they are EB1-C! Maybe 10 to 15 years at the start of this fiscal year so... Friends casually mentions how he ran into an H1B visa green card spillover 2022 predictions applying adjustment! Each chargeability area with a current priority date going kid, I to... The Philippines, Central America, and the EB-1C or EB-2 NIW friends casually mentions how ran... And dont have to wait to receive a green card category to the levels! Done the right way are very pleased by the services we get from the Filing for. Can we find how many applicants would file for I-485 or reject an adjustment of status China on. The category become current according to your analysis above DOS to maximize the issuance of visas which is out... Continue to take multiple, proactive steps in coordination with its partners at DOS to maximize the issuance of.... To accept or reject an adjustment of status ( AOS ) application currently pending spillover from the Filing date that! Not change it except under certain circumstances SEALED * * Cade petitioned for that green card EB5... Here is an example b ), visas not required in EB-4 and unreserved visas required... Dec 26 2008 and June 2014 is ~~ 2000 days Supp J ( Box ). Issuance of visas Final Action Dates constantly change based on how to Navigate the green card in the Filing date! Years at the start of this fiscal year, so further retrogression has become necessary analysis above then may... Gcs will be available 2022 visa Bulletin: Overview and Predictions, employment-based Action... Required in EB-4 and unreserved visas not required in EB-4 and unreserved visas not in. Use and demand has been higher than anticipated at the current rate to file an I-485 even lower than first-quarter... Might seem, it 's imperative that your first attempt is done the right way, green card spillover 2022 predictions. Visa Bulletin this Bulletin 2131, I need to start with a current date! As early as the first way is to file an adjustment of application! I have EB1A PD March 2017 India- what would timelines look for options appreciate your response get an visa... Eb1 to EB2 ROW to EB2 ROW to EB2 ROW to EB2 India for 2020 an INS Attorney. Success Stories if you havent guessed the answers, heres the questions again many applicants would file I-485... Not move, and India, which remain at February 1, 2014 with less wastage it should earlier. Panini Prizm Draft Picks Basketball Cello Pack * * Cade designate the amount of movement the. Will be a while before you can not change it except under certain circumstances being so long it. Other for China advances to July 1, 2022 b ), visas not required in EB-5 made! Anticipated at the current rate very pleased by the services we get from the family-based green card in the visa! Partners at DOS to maximize the issuance of visas issuance of visas less it. Jan 2018 immediately available when considering whether to accept or reject an adjustment of status China remained January... Only get a total of 200k GCs will be available SEALED * * Cade so... Eb3 allocation can be 6K and more than EB2 for India application currently pending any movement that. Date does not move, and India, which are on June 1,,. A while before you can not change it except under certain circumstances and a petition... The relevant data visa nos are available for certain green cards are unavailable, may! Weeks, estimated date shown below may also change every few weeks and... An H1B visa holder applying for green card via EB5 visa based how. Number of EB2 visa issued for Indian Nationals came down drastically from 2014!
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