In certain situations, an applicant may benefit from the charging of their visa number to their spouses or parents country of birth rather than their own. 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 . Its easy to schedule a legal consultation. Based on Oct 2018 data, your Priority Date may become current around September 2021, As of Thank you in advance. EADs, OPT Congress created a system in which DOS must regularly adjust the population of noncitizens who can potentially be issued visas (set by the Final Action Dates) in order to create sufficient demand for such visas (allowing the agencies the best chance to use all of the visas) while also restricting the issuance of such visas (to ensure that visa issuance remains within the limits established by Congress). Your priority date must be current under the Final Action Chart to adjudicate your green card. The Departmentof State doesnt know, how many Visa numbers would be requested by USCIS. Q. Keep this date handy since you will need it to compare to the dates in this bulletin. F4 Brothers and Sisters of Adult U.S. Citizens: 65,000, plus any numbers not required by first three preferences. We promise not to spam you. Why must applicants request to transfer the underlying basis of their pending Form I-485? This notification was made automatically as a result of an internal update made to USCIS systems. The information contained on this website is for general information purposes only and is not a substitute for legal advice and does not create an attorney-client relationship. 2023 AM22Tech| Why dont you ask the same questions with your friends? Please check this blog and update yours so more people are educated . 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. The tool is meant only for employment-based green card applicants who have already filed their employment-based I-485 applications with USCIS and are curious to know when their I-485 applications might be processed. 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. There are five chargeability areas for this category: China, India, Mexico, the Philippines, and all other countries. A Case Remains Pending message in case status online indicates that an officer reviewed the application and determined that it could not be approved on that date because the Department of State could not allocate a visa number. Email Newsletter: To receive email as soon as latest visa bulletin is released, please click here. If you havent guessed the answers, heres the questions again. If green cards are still available, the final action date will likely move closer to your priority date. J Visas/Waivers $8.99 + $1.99 shipping. Get a grip and fight for equality not for preferential treatment, that is what anti immigrants are doing. In other words, if there were unused family-sponsored numbers in the previous fiscal year, they are distributed based on the same fixed percentages. 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. EB2 to EB3 Downgrade Process, Risks (Premium, Cover Letter) Indian EB2 vs EB3 green card priority date movement. If you have already submitted a transfer request to a USCIS office, you should not submit a new request. A. A. When USCIS uses the phrase visa available when referring to pending applications for adjustment of status, what does this mean? As per immigration law, the number of available visa quota is controlled by the Department of State. Your estimate of time taken for an applicant ,whose priority date is Aug-2012, is 12 years to become current and get his GC. Consider a noncitizen with a pending Form I-485 who does not have an available visa based on the underlying petition. This green card prediction tool is free to use. As a result, more than 100,000 applicants who had previously provided biometrics received this automatic update in October and November 2022. For legal advice, consult an experienced immigration attorney. The number is even lower than their first-quarter i485 approvals which stood at 27,485. Your priority date should be before this date. F3 Married Sons and Daughters of U.S. Citizens: 23,400, plus any numbers not required by first and second preferences. 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. Attn: Supp J A. What if dependent family members are not approved before priority dates move back? Enjoy the benefits of tracking, analyzing, estimating and discussing your immigration matters. Central America remains at April 15, 2018. USCIS/NVC Timeframe: Please click here to see how long it currently takes to process application. With five different preference levels and seven chargeability areas, USCIS issues employment-based category visas through your job or occupation. But if the green cards for family based . The Dates for Filing chart determines when an applicant can file an I-485. China No Movement Above Math should have given you an estimate of how long it would take to get your Green Card if you apply for Green Card today. The remaining 68% are unreserved and are allotted for all other qualified immigrants. Q. 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. The time that it will take you to get a green card depends on the category of your petition and your country of birth. Zoom Consultations Available! 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. The chargeability areas are China, India, Mexico, the Philippines, Central America (Guatemala, Honduras, El Salvador), Vietnam, and the general category. 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. Now, you have read the Spill over math for EB2, it should be pretty easy to guess for EB3. Total Issued for EB3 Philippines = 6,492 Youll notice there are two charts for each category. The State Department has issued the March Visa Bulletin. 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. Are you going to answer that? November 2022 Visa Bulletin Predictions: Green Card Limit, Priority Date, Spillover | US ImmigrationWe are dedicated to providing you with the current and mo. Most of these persons are residing in the US on temporary working visas. When do you think my date will become current ? H-1B Visas In EB-2, Mexico, there are no changes cross the board since the last bulletin. CSPA (Updated 10/26/2022), An official website of the U.S. Department of Homeland Security, An official website of the United States government, To protect your privacy, please do not include any personal information in your feedback. 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. How does the spillover from ROW work? Does it usually end up having unused visas? This means a total of 200k GCs will be available for the . This is what the estimated values look like. So, USCIS would know in advance how many applicants would file for I-485. Also, this EB1-C scam is IMPOSSIBLE not to notice if you are currently living in the United States. The pre-covid speed of the visa bulletin is back sooner than estimated. Q. A. Whats the estimated wait time? Good question and a typical question from a potential investor who is just learning about the EB5 Visa process and investment requirements. Q. If USCIS grants my transfer of underlying basis request, will USCIS consider my eligibility for adjustment of status on both bases? 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? Since EB2 is already so much backlogged, it may never send any spill to EB3. Yes. Each person who files a petition with the USCIS receives a priority date when the government obtains your petition. 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. Now you have an idea about how Employment Based (EB) Green Card Category Spill Over Works. What categories benefit from the estimated 57,000 unused family-sponsored visa numbers added to the employment-based annual limit? What does a Case Remains Pending message mean in the USCIS Case Status Online tool? Change in law is required for faster movement. You may have noticed the following from two data sets. You read it right. (Updated 10/26/2022). It does not include future demand (which can increase or decrease anytime). 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. The Final Action Dates chart determines when an I-485 or IV can be approved, while the Dates for Filing Chart determines when an applicant can file an I-485. How to estimate the Priority Date movement from coming months? Official websites use .gov Theres no spill over from EB1 to EB2 ROW and EB2 ROW to EB2 India. | My question is what happens to unused EB3 numbers? Courts 800# AAO Q. So, spillover will become effective after the current backlogs clear. In the F-2B category, China, India, and all other countries of chargeability remain at January 1, 2017. Q. Prediction for Oct 2023 . The category for family-based immigration comprises four preference levels based on who your sponsoring family member is in relation to you. 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. . Date of filing chart may be available for use in 2021. Picture Information. (Updated 10/26/2022). By the end of this article, you will have a clear understandingof how EB Spillover Rules work. 2019-Nov: 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. I have seen a trend where the wait for EB1 India goes upto 5-6years and suddenly becomes current within the same year. In the EB-3 category, Mexico, the Philippines, Central America, and the rest of the world is current. My priority date eb2 2013 Jan, Can u please tell when it will be current? 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. For more information about cross-chargeability, please see the Allocation of Visa Numbers section on this page. You can stay up-to-date with Visa Bulletin by subscribing to our Free E-Mail Newsletter. EB3 India getting spill over from EB3 ROW (about 3,500) and get total more than 6K. Looking for U.S. government information and services? parent green card, sibling green card, Visa Bulletin. My EB2 Priority date is June 2011.When can I expect EAD (DATES FOR FILING OF EMPLOYMENT-BASED VISA APPLICATIONS) and Greencard (FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE CASES).Appreciate your help and based on this I will look another job or move from USA. Basically I am trying t figure out, how many people are in front of me, Im hosting a Live Webinar on Oct 7 on this process. . USCIS announces which chart applicants can use within a week of the visa bulletins release. 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. Eligibility You filed a Form I-485 before February 1, 2021, in EB2 or EB3. 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. 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). If 2879 Visa was issued, I should have received my Green card as per I485 Inventory Data. What is my path forward to a Green Card? You may still receive a visa when one becomes available to you based on that priority date. https://www.mygcvisa.com/visa-bulletin/2023/visa-bulletin-march-2023.aspx, https://blog.mygcvisa.com/2013/04/how-to-file-i-485-application.html, https://www.mygcvisa.com/nvc/overview-after-nvc-petition-approved.aspx, Frequently Asked Questions: USCIS Visa Bulletin, Frequently Asked Questions: I-485 Pending Inventory. (Added 10/26/2022). 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. Per the following link, as of November 2018 there are only 876 EB1 pending applicants. Central America remains at March 15, 2018. March 2023 Visa Bulletin: Overview and Predictions. Q. 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. Prediction; Dashboard; Prediction; Dashboard; Lawyer Questions; Search. 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. New family base visa numbers are out for july will there be any spillover ? MY GOD, WHY IS THIS SO HARD TO UNDERSTAND??? We make this determination monthly based on how many visa numbers remain available for the year, USCIS and DOS visa-available inventory, and operational considerations. and get total less than 3K. Through Parents Its time to introduce one more Statistics here for EB2 India. EB-3 Other for China advances to July 1, 2014. The Regional Center An EB-5 regional center is an economic unit, public or private, in the United States that is involved with promoting economic growth. 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. document.getElementById( "ak_js" ).setAttribute( "value", ( new Date() ).getTime() ); 2023 Happy Schools - Privacy Policy - Terms and Conditions - Contact - About. (Added 11/17/2022). Suite 400 All Other Countries Slight Retrogression, F-2B Unmarried Adult Sons & Daughters of LPRs, F-3 Married Adult Sons & Daughters of US Citizens, NUMBERS FOR THE FAMILY-BASED PREFERENCE CATEGORIES. Watch this thread Start a new thread Add a post . A. The demand for visas for adjustment of status depends on the response of noncitizens to the Visa Bulletin and the demand for immigrant visas depends on the response to the DOS Welcome Letter issued by the National Visa Center. It will be a while before you can expect the interview. So, overall, EB2 gets a big chunk. Very good point. 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. In reality, you need to start with a new petition (and a new PERM if necessary). All countries in EB-1 are current except for China and India, which are on June 1, 2022. The State Department Visa Bulletin February 2023 shows backlogs in getting green cards in both the family and the employment-based categories. 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. Total Available per country (lets take two countries), Total Available for EB-2 for All Counties. Your Form I-485 is based on an employment-based immigrant visa (but not an EB5 visa). USCIS is committed, with its partners at DOS, to using all the available employment-based visas in FY 2023. When is a derivative childs applicant age locked under the Child Status Protection Act, and how is that age calculated? A. This month, well go over the March 2023 visa bulletin. The first way is to file an I-140 for a green card and chargeability area with a current priority date. A. Once a visa number can be allocated, USCIS will resume the processing of the application. 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. 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. I did two Live Webinars on How to Navigate the Green Card Process (150 and 130 Minutes in Duration). H-1B Visa Guide If you have further questions about the process or anything else about your green card, you should consult with your immigration attorney. As attractive as porting might seem, it is a delicate process with particular requirements. Hi Ash Prab, Question from EB5 Visa Newbie Can an EB5 Investor invest in any EB5 Visa Projects? Therefore, running decisions like these through your immigration attorney is always good. EB Green Cards tracker (which has thousands of cases): Detainee Locator U.S. This is known as cross-chargeability, and is found in INA 202(b). The Philippines remained on March 1, 2012. In the F-1 category, China, India, and all other countries of chargeability remain at August 8, 2016. etc: https://www.mygcvisa.com/calculator. 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.. Spillover from FB to EB next year - political considerations . In gcreforms.org an applicant who applied in 2011, and hopefully got approved I140 in an year, is likely to get his GC after 33 years. Awesome article. If you would like to support this site, please consider donating using any of the options below or simply visit our friendly sponsors: "Final Action Date" is the date when when USCIS/DOS may render their final decision on submitted applications. Great article do you have a sense of when the adjustment of filing date for EB1 would move from March 2017 (at the moment) to March 2019 for India ? No. If you dont understand the logic at work here, dont worry. Can you please tell me when I can expect the interview. All content Copyright //

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