OP. You see so many, recently arrived cocky Indian families who are so completely disconnected from American culture. side? A category can be Current in the Visa Bulletin even when there are tens of thousands of applications pending with the agencies. If you have further questions about the process or anything else about your green card, you should consult with your immigration attorney. Q. 2019-Nov: The principal applicant may cross-charge to the derivative spouses country, and the derivative spouse may cross-charge to the principals country. EB2 India may still not see much movement as it has a high number of people already waiting in line. 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. Since, theres not enough applicants from other counties, we have another Category of Country Rest of the World (ROW). USCIS i485 approvals up to Mar 31, 2021 You can see this official USCIS 2021 second-quarter data here. 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. BIA, Political We estimate that EB3 India will move forward while EB2 India will stay around 2011-2013 by the end of Sep 2023 now. These visa bulletin predictions are estimates based on recent movement in the employment-based categories and should not be relied upon as legal advice. It does not include future demand (which can increase or decrease anytime). Can you estimate how many employment-based immigrant visas USCIS and DOS will use during FY 2023? A. When will I get my green card? A. excellent analysis. So, overall, EB2 gets a big chunk. When is a derivative childs applicant age locked under the Child Status Protection Act, and how is that age calculated? It would also help in estimating date movements in future visa bulletin. With these priority date waiting times being so long, it's imperative that your first attempt is done the right way. Thank you. Here are the March 2023 Visa Bulletin Final Action dates for employment-based immigrant visas. You are correct about 2800 issued per year. ht. USCIS does not notify the applicant when it grants a transfer request. In the EB-4 category, we see China, India, Mexico and the rest of the world retrogress. Once current, you will adjust your status or go through consular processing. Planning to change job where they will have to start GC from scratch and that too in the last year of my H1 expiration which is 2020. A. Number use and demand in this category have continued to increase, which necessitates further retrogression of the final action dates and application filing dates for Rest of World countries as well as China, India, Mexico, and Philippines, to hold number use within the maximum allowed under the Fiscal Year2023 annual limit.. The decision to grant a transfer request is made in the discretion of USCIS. Will 60k new Family to Employment Spillover Help EB2 India? Mexico retrogresses to August 1, 2020 and India to March 1, 2021. How did EB3 India get 6,608, when EB2 India got just 2,879 for FY 2017? Through Parents Reports on Judges 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 Possible Spillover From Family-Based Green Cards. Hence data will keep changing every month. If they go by actual i140 numbers, the app prediction will probably be a lot closer to reality. Prediction for Oct 2023 . EDUCATING MORE EB2 Indians and USCIS folks, especially Mr. Oppenheirmer will ensure these quasi-legal Indians gets deported back to India promptly and the companies booked and fined! Thats how you got the 6k. Good question and a typical question from a potential investor who is just learning about the EB5 Visa process and investment requirements. A. The Final Action Dates Chart shows no change since the last Visa Bulletin. So, spillover will become effective after the current backlogs clear. F2 Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, plus any unused first preference numbers: F2A Spouses and Children of Permanent Residents: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit; F2B Unmarried Adult Sons and Daughters of Permanent Residents: 23% of the overall second preference limitation. This could make 2018 current for EB2/eb3 and they should be able to file for EAD. The category for family-based immigration comprises four preference levels based on who your sponsoring family member is in relation to you. USCIS doesnt know how many visas would be released by DOS. For April 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. All countries in the F-2A category are current. 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. EB 2 India, PD March 2011. How is the employment-based annual limit distributed between the categories? 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. 2022 Panini Draft Picks Thunder Struck Card of Dylan Lesko - Padres HOT. 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.. A. USCIS makes every effort to adjudicate the principal and derivative family members at the same time, but this is not always possible. F1 Unmarried Adult Sons and Daughters of U.S. Citizens: 23,400 plus any numbers not required for fourth preference. (Added 10/26/2022). My category retrogressed or a Final Action Date was applied. See 8 CFR 245.1(g)(1). In EB-2, Mexico, there are no changes cross the board since the last bulletin. 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. All Other Countries No Movement. Why has DOS retrogressed (set back) certain Final Action Dates or applied new Final Action Dates in the Visa Bulletin for October 2022? If green cards are still available, the final action date will likely move closer to your priority date. 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. Whats the estimated wait time? 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. The answer is ZERO! This means a total of 200k GCs will be available for the . Through July 31, 2022, the two agencies have combined to use 210,593 . 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 . There are five chargeability areas for this category: China, India, Mexico, the Philippines, and all other countries. Family spillover to employment is 60k GC in FY 2023. Finally, for EB-3 Other, we see Mexico, the Philippines, Central America, and the rest of the world remain at February 1, 2020. Under the regulations, an immigrant visa in the family-sponsored and employment-based preference categories is considered available for accepting and processing the adjustment of status application if the applicant has a priority datewhich is earlier than the date shown in the [Visa] Bulletin for their country and category (or the Visa Bulletin shows that the category is current, that is, visa numbers are authorized for issuance to all qualified applicants). 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 . How does a transfer of underlying basis request affect the calculation of a childs age under the Child Status Protection Act (CSPA)? 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. Q. $3.99 + $1.00 shipping. Slow movement in EB2 is expected until May 23. The whole revocation of I-140 is another animal to deal with though. The Date for Filing chart determines whether or not one can submit the final immigrant visa application. Date of filing chart may be available for use in 2021. AAO 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. Check back at a later point. Decades of Immigration Experience Working for You. If I am applying for adjustment of status, should I submit Form I-693 with my Form I-485? Q. 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? Will HR-1044 (if it becomes a law) do any good for EB2 India? India No Movement Mandamus PTs, OTs, etc. However, within each employment-based category, the visas are still distributed with the per-country limits in effect, unless the exception to the per country limits of INA 202(a)(5) applies within that category. Thank you Raghu, please add your analysis based on 2018 Vs 2019 November data published by USCIS links below: (Added 10/26/2022). Q. A. 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. If I have more than one pending application for adjustment of status, and USCIS approves one of them, what does it do with the others? For March, the final action date for the EB-5 Unreserved category for India is set at 01JUN18., NUMBERS FOR THE EMPLOYMENT-BASED PREFERENCE CATEGORIES. 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. But,. These visa bulletin predictions are estimates based on recent movement in the family-based categories and should not be relied upon as legal advice. 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. Get free stock with WEBULL: https://a.webull.com/i/WisdomTrendsGuaranteed minimum $34 worth of stocks free by depositing 1 penny using my linkJoin this chann. When do you think it will be current? This situation will be continually monitored, and any necessary adjustments will be made accordingly.. For example, the couple could not transfer to a petition filed in an immediate relative category where dependents are not permitted under the statute. I heard that USCIS does spillover for each country individually first before moving them to backlogged countries. If you received this notice as a result of the automatic update, your case will continue to be processed per standard procedures. The chances of EB2 India reaching 2014 are very low given that USCIS has taken the stance of equally distributing the spillover among all countries. The remaining 68% are unreserved and are allotted for all other qualified immigrants. This month, well go over the March 2023 visa bulletin. Oct 2018 content is improved and answers readers questions from Session 1. Based on Oct 2018 data, your Priority Date may become current around September 2021, As of Green Card Calculator: You can use GC calculator to estimate when your priority date may become current. Prediction; Dashboard; Prediction; Dashboard; Lawyer Questions; Search. DOS and USCIS are only authorized to issue immigrant visa numbers (for purposes of consular processing or adjustment of status) if the applicant in the given family-sponsored or employment-based preference category has a priority date which 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). How does the spillover from ROW work? This means a total of 200k GCs will be available for the employment-based category. Back to Green Card Discussion Forum (I-485) Ask a Lawyer. https://travel.state.gov/content/dam/visas/Statistics/Immigrant-Statistics/WaitingList/WaitingListItem_2018.pdf Parents may not cross-charge to a childs country. Lets apply this theory with Real Data for FY 2017 Green Allocations by Country and Category. This notification was made automatically as a result of an internal update made to USCIS systems. Please check this blog and update yours so more people are educated . A. Multiple sources are reporting that there could be some spillover from the family-based green card category to the . Thats what reported in the Department of States Immigration Visa Report. Your next question should be based on the I-485 Inventory Data. The State Department has said they will continue monitoring the situation and make any changes as necessary. The State Department provides the following guidance regarding the EB-5 category: In the October 2022 Visa Bulletin, a final action date and application filing date were established in the Employment Fifth Preference Unreserved (including C5, T5, I5, and R5) category for India to keep number use within the maximum allowed under the FY2023 annual limit. click here: https://www.mygcvisa.com/visa/. U.S. Mexico remained on January 1, 2002. 15 18 yrs to get an EAD and another 2-3 yrs for the GC. Check what do they have to say. 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. was featured in the February 2018 edition of SuperLawyers Magazine. March 2023 Visa Bulletin: Overview and Predictions, Employment-Based Final Action Dates Chart. A. I have a Green Card Guide, that includes the analysis (available for purchase). The responses and information are intended to be general and should not be relied upon for any specific situation. Your email address will not be published. It does not mean that the derivative spouse or child always receives a visa or adjusts status on the same date as the principal applicant. Looking for U.S. government information and services? *The numbers in the brackets designate the amount of movement in the filing date for that particular category compared to the previous month. English Exam Watch this thread Start a new . 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. Biden Q. 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. Total Issued for EB3 Overall = 34,938. As attractive as porting might seem, it is a delicate process with particular requirements. Neither report can be used to determine the number of employment-based immigrant visas used during a quarter. Finally, in the EB-5 unreserved category, Mexico, the Philippines, Central America, and the rest of the world are current. Q. A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. For the EB-3 category, Mexico, the Philippines, Central America, and the rest of the world are current. Given that each year around 2800 visas are allocated per country, can you advice if the applicants with PD earlier than November 2018 would become current for Indian applicants under EB1 category. A. Your app cant predict the dates accurately, because USICS always acts in a different way. EB3 has a very low chance of getting any spillover as it only gets it from EB2. I have questions about the EB3 FY 2017 Numbers: Total Available EB3 = 40,040 The Philippines stayed on October 1, 2013. Prediction; Dashboard; Prediction; Dashboard; Lawyer Questions; Search. What happens when an EB-3 I-140 downgraded petition is pending and attached to a still-pending Form I-485? No, USCIS granting an applicants transfer of underlying basis request does not mean that an immigrant visa has been allocated to the applicant. Enter your country of birth and employment-based GC category. China remains on September 1, 2018, and India remains on August 1, 2012. Q. and get total less than 3K. You can leave the. (Added 10/26/2022). Divided by pending I-485 petitions will give a realistic estimates. If we do not grant the transfer request, we will adjudicate the Form I-485 application based on the petition associated with the Form I-485 application prior to the transfer request. If a category/country is Current in the Visa Bulletin, does that mean that there must be little or no inventory of pending applications with USCIS and DOS for that category/country? USCIS will continue to take multiple, proactive steps in coordination with its partners at DOS to maximize the issuance of visas. Q. Total Issued for EB3 South Korea = 3,290 These folks are in their late-30s, have 1-2 kids 2-8 years old. J Visas/Waivers Where can we find how many unused visa nos are available for EB3 or EB2 india for 2020. InfoPass He is a Certified Specialist in Immigration Does retrogression affect my priority date or place in line for an immigrant visa? What is cross-chargeability and how does USCIS apply it? 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. A .gov website belongs to an official government organization in the United States. Q. Porting to EB2 would increasethe wait times of EB2 applicants. The Dates for Filing chart determines when an applicant can file an I-485. Therefore, any unused family-based visas get added to the EB categories. 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. The first term that youll hear thrown around is the priority date. March 2023 Visa Bulletin: Overview and Predictions. 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. 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. If you havent guessed the answers, heres the questions again. any chance for aug 2011 EB3 to become current or atleast get EAD in a year or so? I dont understand why. I did two Live Webinars on How to Navigate the Green Card Process (150 and 130 Minutes in Duration). Dont ask me why 41,827 Visas were issued for EB1. The government estimates that 197,000 green cards will be available to . Law who has testified as an expert witness before the US Senate Immigration Subcommittee. 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. In the EB-4 category, we see some retrogression. If you are new to Green Card Process and dont have a good understanding about the steps involved, read thisU.S. I am on EB1 with priority date Jan 2018. A. EB2 may reach Dec 2014 again in 2023 due to the extra 60k spillover from Family GCs. Hence it can use much more EB3 numbers : 6492 in 2017, 6588 in 2018. South Korea uses fewer EB1 numbers. Your next question How do I calculate the Wait Times for my Green Card? Under INA 203(b), that overall employment-based limit is then divided between the five employment-based preference categories based on the fixed percentages as described above. Preference: Priority Date: USCIS/NVC Case Status: Enter case receipt number: Get receipt Number USCIS Case Processing Time: 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. PO Box 660834 About 1400 new applications filed every month. they suck up all the EB1 and there is nothing left-over for EB2 and THAT IS WHY EB2 India gets the bare minimum of 2800 something visas each year and has stopped moving! Q. Q. [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 If you look at I-485 Inventory data, there are four countries (India, China, Mexico and . A. Simple Math = 2800 visas per year per category. Numbers of years vary (from 10 to 70 years). Does retrogression affect consular processing? Or am I missing something? (YYYY-MM-DD): Pending I-485 Cases Ahead of You: Pending CP Cases Ahead of You: Your Overall Place in Line for Green Card: https://www.mygcvisa.com/ tracker/. We are dedicated to ensuring we use as many available employment-based visas as possible in FY 2023, which ends on Sept. 30, 2023. I dont see that happening since China has 14 years backlog and India has like 8 years EB5 wait. Our predictions are based on these numbers that we think are possible. Expert Witnesses If you want more insights, I have news for you. 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. This essentially means that the bull run for Indians has ended. A receipt notice does not mean that USCIS has granted the transfer request, it just indicates that USCIS has uploaded the Supplement J information into our systems. A priority date establishes a persons place in line to get an immigrant visa. The unused family-sponsored visa numbers added to the employment-based limit in the subsequent fiscal year are not automatically distributed to applicants with the earliest priority dates because the per-country limits still apply. Total Issued to EB3 India = 6,608 (FY 2017), Total Available with Spill Over from EB2 = 40,040 + 0 = 40,040, EB1 unused => EB1 Most Retrogressed countries => EB2 ROW, EB2 ROW unused => EB2 Most retrogressed countries => EB3 worldwide, EB3 ROW unused => EB3 retrogressed countries, Total Issued to India = 2,879 (as per report for FY 2017), Total Spill Over from EB2 ROW to EB2 India =2,879 2,803 = 76. For the first question, you should know the answer based on my explanationso far in this page. 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. Besides, whats the point in paying all the social security taxes for a decade without any benefits ??? http://geni.us/EBGreenCardProcess. Border Wait Times, Immigration Courts Now you have an idea about how Employment Based (EB) Green Card Category Spill Over Works. AFAIK USCIS does the vertical spillover first and for each country separately, before doing the horizontal spillover. This is what the estimated values look like. (Added 10/26/2022). Philippines uses fewer EB1 and EB2 as well. 3000 cars issued per year. Your kids would become eligible to sponsor your Green card before EB3 2012 becomes current. I will analyze the data to get further insights. It's FREE to register! 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). Please click the Schedule Consultation link above. Hi, F1 Unmarried Adult Sons and Daughters of U.S. Citizens: F2A Spouses and Children of Permanent Residents: F2B Unmarried Adult Sons and Daughters of Permanent Residents: F3 Married Sons and Daughters of U.S. Citizens: F4 Brothers and Sisters of Adult U.S. Citizens: EB-3 Skilled Workers, Professionals, and Other Workers. 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. EB-5 (Unreserved including C5, T5, I5, R5). If the immigrant visa petition underlying my pending adjustment of status application has not been adjudicated, will this prevent me from transferring the basis to a different petition? If you are contemplating interfilinga process that allows AOS applicants to change their preference categorydont hesitate to contact VisaNation Law Group. In other words, if there were unused family-sponsored numbers in the previous fiscal year, they are distributed based on the same fixed percentages. A. How do they fall? What does a Case Remains Pending message mean in the USCIS Case Status Online tool? So 2 days in a month average. 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. No, if USCIS grants an applicants transfer of underlying basis request, USCIS will only adjudicate the adjustment of status application on the most recently-granted transfer request. EB-4 Certain Special Immigrants: 7.1% of the worldwide level. Forms This app uses publicly available i140 data from USCIS and then mimics the per-month visa allocation based on various factors. For more information about transfer of underlying basis, please see Volume 7, Part A, Chapter 8 of the USCIS Policy Manual. 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Should not be relied upon for any specific situation can submit the Final Action date will likely move to... You estimate how many employment-based immigrant visas EB3 FY 2017 Green Allocations by country and category it. For this category: China, India, Mexico, there are no changes cross the since! A decade without any benefits??????????????. Not see much movement as it only gets it from EB2 calculation of a childs under... Recent movement in the family-based Green Card EB ) Green Card: total available EB3 = 40,040 the,... Please see Volume 7, Part a, Chapter 8 of the world ( )... See some retrogression think are possible and should not be relied upon for any specific situation as it only it. No, USCIS granting an applicants transfer of underlying basis request does not include future demand ( which can or... 2023 due to the predict the Dates for Filing chart determines whether or not one can submit Final! Brackets designate the amount of movement in the employment-based categories and should not be upon! Backlogs clear bull run for Indians has ended before EB3 2012 becomes current petitions... File an I-485 the per-month visa allocation based on who your sponsoring Family member is in relation to you right! Next question should be able to file for EAD every month 3,290 these are. Not required for fourth preference spillover for each country individually first before moving them to backlogged countries how based... Move closer to your priority date does USCIS apply it GC category yours... Good for EB2 India may still not see much movement as it only gets it EB2... Atleast get EAD in a different way, recently arrived cocky Indian families who are so disconnected! Please check this blog and update yours so more people are educated they should be based on I-485. This notification was made automatically as a result of an internal update made to USCIS.! Derivative spouse may cross-charge to the extra 60k spillover from the family-based Green Card answers readers questions from 1... Per category a Certified Specialist in Immigration does retrogression affect my priority date Jan 2018 i. Unreserved and are allotted for all other countries, when EB2 India for 2020 recently arrived cocky families! Basis request affect the calculation of a childs age under the Child Status Protection,... 60K spillover from Family GCs Immigration visa Report do any good for EB2 India a... Get further insights about your Green Card category to the applicant hesitate to contact VisaNation law.! Derivative childs applicant age locked under the Child Status Protection Act, how!, you should consult with your Immigration attorney questions again any benefits??????. Law ) do any good for EB2 India may still not see much movement as it gets! See much movement as it has a high number of employment-based immigrant visas used during a.... I have a Green Card, you should consult with your Immigration..
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