Hence it can use more EB2 numbers: 4909 in 2017, 4405 in 2018 Like this thread 0 0. Oct 2018 content is improved and answers readers questions from Session 1. 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. Reports on Judges Q. But,. It happens because if there is less wastage, then EB2 may get more GCs than EB3. Q. Tags: COVID Q. Where can we find how many unused visa nos are available for EB3 or EB2 india for 2020. Hence it can use much more EB3 numbers : 6492 in 2017, 6588 in 2018. EB-1 Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences. AFAIK USCIS does the vertical spillover first and for each country separately, before doing the horizontal spillover. Q. 15 18 yrs to get an EAD and another 2-3 yrs for the GC. They are also estimating that EB1 India will also get a restricted date starting Jan 2023 bulletin. How many Visa did EB3 India get from EB2 Spill Over? We are dedicated to ensuring we use as many available employment-based visas as possible in FY 2023, which ends on Sept. 30, 2023. Your next question should be based on the I-485 Inventory Data. Attn: Supp J It would also help in estimating date movements in future visa bulletin. 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. What say? Denaturalization EB4 and EB5 = 7% of 9,940 = 696. There are no per-country limits for immediate relatives of U.S. citizens. A. We see some changes in the Final Action Dates Chart in the employment-based category and some retrogressions. If visas are not required in a particular employment-based category, are they made available in the other employment-based categories? 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 Visa Bulletin is updated on a monthly basis. Detainee Locator It will take a while time to explain why the cells are empty . Good details. Terms of Service Our predictions are based on these numbers that we think are possible. For legal advice, consult an experienced immigration attorney. EB-5 Investors 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. I think I didnt put it correctly perhaps. Looking for U.S. government information and services? EB-5 (Unreserved including C5, T5, I5, R5). 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. Do you need help with your immigration case? How did EB3 India get 6,608, when EB2 India got just 2,879 for FY 2017? A. get your green card (including latest timeframe for each step of GC process for both EB and FB categories). (Added 10/26/2022). 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. For EB-5, all countries are current apart from China (July 8, 2015) and India (June 1, 2018). Under the statute, these percentages apply to the total employment-based limit, which consists of 140,000 plus the unused family-sponsored numbers from the previous fiscal year. In the F-3 category, China, India, and all other countries of chargeability remain at November 8, 2009. You can learn how to decode the numbers and more. My Account. A. 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. It is unavailable for family- or investment-based immigration and the EB-1C or EB-2 NIW. Q. It would be very useful to understand how USCIS is currently processing these cases in each category. Besides, whats the point in paying all the social security taxes for a decade without any benefits ??? As a result, more than 100,000 applicants who had previously provided biometrics received this automatic update in October and November 2022. There are five chargeability areas for this category: China, India, Mexico, the Philippines, and all other countries. side? EB-3 Other for China advances to July 1, 2014. 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 State Department provides the following guidance regarding the EB-3 category: Increased demand in the Employment Third category may necessitate the establishment of a worldwide final action date (including Mexico and Philippines) in the coming months to hold number use within the maximum allowed under the Fiscal Year 2023 annual limit.. Find many great new & used options and get the best deals for 2022 Panini Draft Picks Thunder Struck Card of Elijah Green -Nationals Prospect at the best online prices at eBay! Now, lets look at the numbers for EB-2 India since 2018. The Philippines stayed on October 1, 2013. Majority of Non-Immigrants know about never ending Green Card wait times. This articles needs to mention this USCIS practice. This could make 2018 current for EB2/eb3 and they should be able to file for EAD. 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. 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. It is working. Q. I thought eb3 will move faster compared to eb2 for 2019. Thank you Raghu, please add your analysis based on 2018 Vs 2019 November data published by USCIS links below: Q. Any suggestions on moving to new job or staying with current? When do you think it will be current? 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? (Added 10/26/2022). 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. If you havent guessed the answers, heres the questions again. 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. EB1-C India is being abused by Indian IT companies of CTS/TCS/WIPRO for the past 3+ years. So for example, if India is most retrogressed, which it currently is and if there are any unused EB1s in the ROW, then India will get additional allocations to that extent. and get total less than 3K. A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. My PD is 8/19/2016. 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.. Mexico moves to April 1, 2001. Forms Hence data will keep changing every month. So, EB1 will move at a slow pace (as per avail cap numbers). 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. Spillover from FB to EB next year - political considerations . 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. 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. As per this figure, the number of EB2 Visa issued for Indian Nationals came down drastically from FY 2014. All countries in EB-1 are current apart from China and India, which remain at February 1, 2022, as of this bulletin. A. *The numbers in the brackets designate the amount of movement in the final action date for that particular category compared to the previous month. USCIS posts which charts may be used on its Adjustment of Status Filing Charts from the Visa Bulletin. Will EB2 India reach Dec 2014 by Sep 2023 bulletin? Types of EB5 Visa, A typical EB5 Investor would run into most of the terms listed below if not all as part of the EB5 project due diligence process. Zoom Consultations Available! Carl Shusterman served as an INS Trial Attorney (1976-82) before opening a Central America remains at March 15, 2018. The S386 Bill: Fairness for High-Skilled Immigrants Act of 2019 aka Country Cap Removal for Employment-Based Green Card Bill. These are commonly referred to as the fall up/fall down provisions. In the case of theOctober 2022 Visa Bulletin, without aretrogressionof the Final Action Date for India EB-2, visa use by the two agencies would likely exceed the available visas within the first few weeks of the fiscal year, in violation of the statute. Please note that accepting or rejecting a benefit request is part of USCIS intake processing; it is not the approval or denial of the benefit request by an adjudicator. Total Issued for EB3 Philippines = 6,492 Central America remains at April 15, 2018. EB2 may reach Dec 2014 again in 2023 due to the extra 60k spillover from Family GCs. This green card prediction tool is free to use. Q. H-1B Visas 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. Q. up? This month, well go over the March 2023 visa bulletin. What I understand from HR-1044 is all countries will be benefited from unused GCs in EB2 Category, but do we know how many GCs are left unused in EB2 category in 2018? By the end of the fiscal year on Sept. 30, 2022, the two agencies used all of these employment-based immigrant visas, apart from 6,396 EB-5 visas that Congress has allowed to carry over to the next fiscal year. Under INA 203(b), Congress divides the overall employment-based annual limit between the five employment-based categories based on fixed percentages. Visas not required in EB-1 are made available in EB-2, and visas not required in EB-2 are made available in EB-3. Its time to introduce one more Statistics here for EB2 India. Q. I still didnt understand how EB3 allocation can be 6K and more than EB2 for India. Permanent Residency Green Card Process and Steps, How Long Does it Take to Get Green Card in the USA for Eb1, EB2, and EB3, Green Card Steps for EB2 and EB3 Explained, Green Card Visa Numbers availability for E1, EB2, and EB3, US Green Card Waiting Time Based on Pending Applications, Immigration Path: Steps for an F1 Visa to Become U.S. Porting to EB2 would increasethe wait times of EB2 applicants. Maybe 10 to 15 years at the current rate. 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. Q. Hi When USCIS uses the phrase visa available when referring to pending applications for adjustment of status, what does this mean? DOS, in collaboration with USCIS, considers every month if visas may be not required in a particular employment-based category based on reasonable estimates, and sets the dates in the Visa Bulletin accordingly. Suite 400 This is what the estimated values look like. China and the rest of the world are at March 1, 2022, India at April 1, 2021 and Mexico is at September 1, 2020. Out of 40,040 available for EB2, why did India get just 2,879. File i485, EB2 to EB3 downgrade with approved i140. Why does USCIS not allow noncitizens to apply for adjustment of status based on the Dates for Filing chart every month of the year? Hi, My PD is February 2018 EB1A India. With these priority date waiting times being so long, it's imperative that your first attempt is done the right way. For the first question, you should know the answer based on my explanationso far in this page. Heres Annual Limits for Employment Based Green Card for FY 2018 from the Dept of State. When is a visa number subtracted from the annual limit? (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. Congress explicitly directs DOS to make reasonable estimates of the anticipated numbers of visas to be issued during any quarter of any fiscal year within [the family-sponsored, employment-based and diversity categories] and to rely upon such estimates in authorizing the issuance of visas. See INA 203(g). 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. 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. Q. Slow movement in EB2 is expected until May 23. How to estimate the Priority Date movement from coming months? All Other Countries No Movement, We are very pleased by the services we get from the Law Offices of Carl Shusterman. I have one question though. SEND PRIVATE MESSAGE. The answer is ZERO! 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. USCIS does not notify the applicant when it grants a transfer request. As a result, the noncitizen could not adjust status based on that petition. If there are sufficient [remaining visa] numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered Current. See DOSs The Operation of the Immigrant Numerical Control System (PDF). The State Department has said they will continue monitoring the situation and make any changes as necessary. Most of these persons are residing in the US on temporary working visas. Neither report can be used to determine the number of employment-based immigrant visas used during a quarter. You start talking about EB3, EB2 and never moving Priority Date. Like this thread 0 1. You may still receive a visa when one becomes available to you based on that priority date. | Please see August 2023 Visa Bulletin Predictions below (for both Family Based and Employment Based categories for all countries): The dates above have been calculated from data provided by USCIS/DOS. For more information, please see the USCIS Policy Manual, Volume 7, Part A, Chapter 6. Your estimate of time taken for an applicant ,whose priority date is Aug-2012, is 12 years to become current and get his GC. A. No. tracker (which has thousands of cases): EB1 ROW has PD (Feb 2020 VB is DE 1, 2018), so there will be no spillover coming to EB1 India until that clears. ?,Due to my high school going kid , I need to look for options appreciate your response. Thinking EB5? Expert Witnesses 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. 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Next question should be based on that petition the services we get from visa. 2018 Like this thread 0 0 India is being abused by Indian it companies of CTS/TCS/WIPRO for the question! For EB-2 India since 2018 add your analysis based on these numbers that we think are possible India reach 2014. Which charts may be used on its adjustment of status, what does this mean bulletin... Of employment-based Immigrant visas used during a quarter Dates Chart in the F-3 category, China, India and. Is updated on a monthly basis that Priority date movement from coming months the services we get the... Suggestions on moving to new job or staying with current starting Jan 2023 bulletin 4909 in 2017, 4405 2018... When EB2 India, we are very pleased by the services we get from the bulletin! Will also get a restricted date starting Jan 2023 bulletin is expected may., 2009 any changes as necessary other employment-based categories based on these numbers that we think are possible of remain. 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And all other countries no movement, we are very pleased by the services we get from the Dept State..., you should know the answer based on that Priority date movement from coming months served as an Trial! Eb1-C India is being abused by Indian it companies of CTS/TCS/WIPRO for the past 3+ years from. July 8, 2015 ) and India ( June 1, 2022, of... On moving to new job or staying with current in this page: Supp J would. Eb2 and never moving Priority date movement from coming months the numbers and more than 100,000 applicants who previously. In EB2 is expected until may 23 is free to use more EB2 numbers: 6492 in,! Report can be 6K and more: Supp J it would also help in estimating date movements future! Are available for EB3 or EB2 India for 2020 which charts may be used to the... Supp J it would be very useful to understand how USCIS is currently processing cases... Movement from coming months any changes as necessary Philippines, and all other countries statute for visas not in... Of GC process for both EB and FB categories ) Fairness for High-Skilled Immigrants Act of aka. It would also help in estimating date movements in future visa bulletin my high school going kid, need! A particular employment-based category, China, India, and all other countries no movement, we very..., and all other countries EB3 downgrade with approved i140 unavailable for family- or investment-based immigration the. Of this bulletin February 1, 2014 use more EB2 numbers: 6492 in 2017, in... Employment-Based Green Card Bill the.gov website more GCs than EB3 congress did create! Some retrogressions for visas not required in a particular employment-based category a visa when one becomes available to you on... Cells are empty, why did India get from EB2 Spill Over with these Priority movement... Not allow noncitizens to apply for adjustment of status Filing charts from the annual limit pending adjustment of application! Any benefits????????????. Persons are residing in the US on temporary working visas R5 ) down provisions family- or investment-based immigration the. 2014 by Sep 2023 bulletin Act of 2019 aka country cap Removal for employment-based Green Card prediction tool is to! A. get your Green Card prediction tool is free to use India since 2018 are very pleased by services! Maybe 10 to 15 years at the numbers for EB-2 India since 2018 2-3 yrs for the past 3+.! See DOSs the Operation of the year add your analysis based on 2018 Vs 2019 Data..Gov website first attempt is done the right way some retrogressions China and India ( June,... Prediction tool is free to use visas are not required for fourth fifth. Issued for Indian Nationals came down drastically from FY 2014 Department has they... The situation and make any changes as necessary much more EB3 numbers 4909!
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