We see some changes in the Final Action Dates Chart in the employment-based category and some retrogressions. A. For more information about cross-chargeability, please see the Allocation of Visa Numbers section on this page. (Added 10/26/2022). Neither report can be used to determine the number of employment-based immigrant visas used during a quarter. While your I-485 application for adjustment of status is pending, you are eligible to seek certain benefits, among which are: Please note that USCIS is making every effort to reduce processing times for employment authorization and advance parole applications. Q. You have probably heard about EB5 for H1B Visa. Why dont you ask the same questions with your friends? See 8 CFR 245.1(g)(1). Back to Green Card Discussion Forum (I-485) Ask a Lawyer. We do not presume to know whether an adjustment of status applicant would like to transfer their pending Form I-485 application from the petition on which it is currently based to a different petition. U.S. Immigration law allows foreign nationals to obtain Green Card (aka Permenant Residency in the USA) through Employment. 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. Multiple sources are reporting that there could be some spillover from the family-based green card category to the . The EB3 India should still move forward and may reach 2014 as per our estimation. But it gives earlier date when I put 50% wastage and a later date when I put 25% wastage. Please see August 2023 Visa Bulletin Predictions below (for both Family Based and Employment Based categories for all countries): "Final Action Date" is the date when when USCIS/DOS may render their final decision on submitted applications. 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). How did EB3 India get 6,608, when EB2 India got just 2,879 for FY 2017? My Account. Do you need help with your immigration case? Unless any lawsuit changes this stance, Indians are in for a big shock. In this case, rather than wait the usual six months for your petition to be processed, you can pay an additional fee for premium processing, which will shorten the processing time to 15 calendar days. A. Whenever possible, USCIS applies cross-chargeability to preserve family unity and allow family members to immigrate together. The chargeability areas are China, India, Mexico, the Philippines, Central America (Guatemala, Honduras, El Salvador), Vietnam, and the general category. Lets apply this theory with Real Data for FY 2017 Green Allocations by Country and Category. 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. Will 60k new Family to Employment Spillover Help EB2 India? Review our. What has been the trend in the ROW EB1 quota consumption? No, the biometrics collected by USCIS in connection with a pending adjustment of status application never expire. While biometrics-based background checks are valid for a period of 15 months, USCIS refreshes the background check associated with the pending adjustment of status application by resubmitting the previously provided biometrics; a new biometrics appointment is not required. Why does that happen? Remember, marriage-based green card applicants, are known as immediate relatives and dont have to wait to receive a green card. 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. So 2 days in a month average. Q. If you need to file an adjustment of status, Form I-485, you need to follow the Final Action Date chart to know when to file based on your priority date. Under INA 201(d)(2), the unused family-sponsored visa numbers from the previous fiscal year are added to the overall employment-based limit. 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.. 2023 VisaNation, Inc. All Rights Reserved. For EB-5, all countries are current apart from China (July 8, 2015) and India (June 1, 2018). One of the most significant parts of getting a green card in the U.S. is waiting for your priority date to be current. 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. was featured in the February 2018 edition of SuperLawyers Magazine. What does a Case Remains Pending message mean in the USCIS Case Status Online tool? Picture Information. DOS has determined that the FY 2022 employment-based annual limit is 281,507 - (slightly more than double the typical annual total) - due to unused family-based visa numbers from FY 2021 being allocated to the current fiscal year's available employment-based visas. 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. EB Green Cards Attn: Supp J Thanks. Q. If you look at I-485 Inventory data, there are four countries (India, China, Mexico and . 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. A. Free shipping for many products! In other words, if there were unused family-sponsored numbers in the previous fiscal year, they are distributed based on the same fixed percentages. VisaScreen For example, if I applied for adjustment of status based on an EB-3 petition and USCIS granted my transfer request to an EB-2 petition, will USCIS consider my eligibility on either petition? However, if the limit has passed, you may see the date retrogress or move backward from your priority date. If you are contemplating interfilinga process that allows AOS applicants to change their preference categorydont hesitate to contact VisaNation Law Group. Required fields are marked *. 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. Good details. NVC Your next question should be based on the I-485 Inventory Data. All requests to transfer the underlying basis already received or that will be received at a USCIS office will be processed as usual by the USCIS office with jurisdiction over your pending Form I-485. Why is such a big difference. We estimate these dates to be possible in the next 12 bulletins: If you have already filed your i485 but have not submitted the medicals, we strongly recommend interfiling the i693 form and improving your chances of getting a Green card earlier than others in the queue. 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? The decision to grant a transfer request is made in the discretion of USCIS. If your employment-based adjustment of status application has been pending with USCIS for 180 days or more, you may request to "port" the underlying job opportunity upon which your adjustment is based to a new employer or new job offer that is the same or similar to the original one without the portability request alone impacting your priority date; Depending on the facts of your case, your children who have also applied for adjustment of status as your derivative beneficiaries might not age out of, You are generally considered to be "in a period of stay authorized" while your application is pending and would not accrue unlawful presence while in a period of authorized stay.. 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. 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.). We are dedicated to ensuring we use as many availableemployment-based visasas possible in FY 2023, which ends on Sept. 30, 2023. Why does USCIS not review its records and make the decision for the applicants? 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. In a situation like this, where both spouses have one or more petitions that could serve as the underlying basis for their adjustment of status applications, they can request to transfer the underlying basis from a petition filed on behalf of one spouse to a petition filed on behalf of the other if the new immigrant visa category allows for dependent spouses. 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. 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. Retrogression does not affect your priority date or your place in line for an immigrant visa. Even I want to know why those are empty. How many visascame from EB1 to EB2? It will be a while before you can expect the interview. Numbers of years vary (from 10 to 70 years). The State Department provides the following guidance regarding the EB-2 category: Since December 2022, there has been higher than expected number use and demand, mostly due to continued new filings by applicants from all countries with priority dates earlier than the established final action dates. If 2879 Visa was issued, I should have received my Green card as per I485 Inventory Data. The first term that youll hear thrown around is the priority date. They would release the number of Visa to USCIS, who would then Adjust the Status of Applicants to Permanent Residency. So approx 200-300k GCs should flow into EB. AAO (Added 10/26/2022). Does retrogression affect my priority date or place in line for an immigrant visa? 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. The principal applicant may cross-charge to the derivative spouses country, and the derivative spouse may cross-charge to the principals country. For all other employment-based preference categories, the priority date generally is the date USCIS accepts the underlying petition for processing. EB4 and EB5 = 7% of 9,940 = 696. All documents are cleared and I got the email from NVC that my file is in the que to be scheduled for interview. You can estimate dates based on your own understanding too. 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. This will help you make a decision with respect to filing EB2 to EB3 downgrade and collecting documents for filing i485 if you have a good chance of getting current in the near future.
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