Change in law is required for faster movement. If an applicant for adjustment of status is otherwise eligible for the exemption and does not have an immigrant visa available to them in EB-1, EB-2, or EB-3 due to the application of the per-country limitations of INA 202(a)(2), USCIS may grant additional periods in H-1B status in increments of up to 3 years. Mexico remained on August 1, 2000. 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. and get total less than 3K. excellent analysis. Q. When does the special exception to the per-country levels for the employment-based categories apply? 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. Change in laws must.Keep lobying. When is a derivative childs applicant age locked under the Child Status Protection Act, and how is that age calculated? Yes. This page was not helpful because the content: Green Card for Employment-Based Immigrants, Green Card for Family Preference Immigrants, Green Card for an Immediate Relative of a U.S. Citizen, Adjustment of Status Filing Charts from the Visa Bulletin, While Your Green Card Application Is Pending with USCIS, International Travel as a Permanent Resident, Rights and Responsibilities of a Permanent Resident, quarterly Legal Immigration and Adjustment of Status, section 104(c) of the American Competitiveness in the Twenty-First Century Act (PDF), Volume 7, Part E, Chapter 5 of the USCIS Policy Manual, The Operation of the Immigrant Numerical Control System (PDF), USCIS Policy Manual, Volume 7, Part A, Chapter 6, Volume 7, Part A, Chapter 7 of the USCIS Policy Manual, Volume 7, Part A, Chapter 6 of the USCIS Policy Manual, Volume 7, Part A, Chapter 8 of the USCIS Policy Manual. The State Department has issued the March Visa Bulletin. Theres a set limit on how many Green Cards can be issued per year per country per preference category through Employment Based. H-1B Visas Out of 40,040 available for EB2, why did India get just 2,879. You show a good explanation of the spillover but you missed the elephant in the room buddy! This can happen as early as the first day of a fiscal year, depending on the relevant data. where will priority date for india head ?do watch this video , like , subscribe a. You see so many, recently arrived cocky Indian families who are so completely disconnected from American culture. The government estimates that 197,000 green cards will be available to . When theres unused Green Cards from other Categories, they began to move Up, Down and Sideways as underlined in the above picture Fall-Up and Fall-Down and let me add one more term Fall-Side. Based on Oct 2018 data, your Priority Date may become current around September 2021, As of A .gov website belongs to an official government organization in the United States. Thank you Raghu, please add your analysis based on 2018 Vs 2019 November data published by USCIS links below: A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. How do you know that USCIS does spillover for each country individually first? For example, the couple could not transfer to a petition filed in an immediate relative category where dependents are not permitted under the statute. Q. Q. As attractive as porting might seem, it is a delicate process with particular requirements. Good details. So in that case during fiscal year 2021 (i.e Oct 2020 to Sep 2021) FB GCs won't be issued for atleast 6-7 months (immigration ban and consulate delays). USCIS announces which chart applicants can use within a week of the visa bulletins release. (YYYY-MM-DD): Pending I-485 Cases Ahead of You: Pending CP Cases Ahead of You: Your Overall Place in Line for Green Card: Your email address will not be published. Also, my PD is Jan, 2010 under EB2. What this means is any unused ROW EB2 numbers are first spill over to ROW EB3 before they move to EB2 backlogged countries. DOS, in collaboration with USCIS, took the reasonable estimate of unused family-sponsored numbers from FY 2022 into account when setting the dates in the October 2022 Visa Bulletin. Just 76 visa came from EB2 ROW. The number is even lower than their first-quarter i485 approvals which stood at 27,485. And you also have an option to go to Canada via Express Entry. Q. Labor Dept 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. Very good point. If theres no bracket below certain dates, there is no movement for those dates/categories in the latest visa bulletin. Courts 800# 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. EADs, OPT India No Movement 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. 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). 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. For example, if EB-2 has 49,000 visas available for applicants from countries other than India and China, and there are 48,000 pending applications, then the category can be Current. (Added 10/26/2022). Since, theres not enough applicants from other counties, we have another Category of Country Rest of the World (ROW). We estimate that EB3 India will move forward while EB2 India will stay around 2011-2013 by the end of Sep 2023 now. Why does that happen? Thats what reported in the Department of States Immigration Visa Report. Why must applicants request to transfer the underlying basis of their pending Form I-485? (Added 10/26/2022). 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. Divided by pending I-485 petitions will give a realistic estimates. 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. Q. You may submit your written request and completed Supplement J to: USCIS It is unavailable for family- or investment-based immigration and the EB-1C or EB-2 NIW. This means a total of 200k GCs will be available for the employment-based category. Your next question should be based on the I-485 Inventory Data. 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. Why is such a big difference. Q. I have a Green Card Guide, that includes the analysis (available for purchase). I still didnt understand how EB3 allocation can be 6K and more than EB2 for India. Thats how you got the 6k. Correct? A. Im just trying to say that experience gained and manager titles should be given equal priority. Lets apply this theory with Real Data for FY 2017 Green Allocations by Country and Category. 121 Business F1 Unmarried Adult Sons and Daughters of U.S. Citizens: 23,400 plus any numbers not required for fourth preference. Thanks a lot for all your analysis. 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. How is the employment-based annual limit distributed between the categories? 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. File i485, EB2 to EB3 downgrade with approved i140. Thank you for detailed information. The first way is to file an I-140 for a green card and chargeability area with a current priority date. Of these, USCIS and the Executive Office for Immigration Review (EOIR) approved more than 220,000 employment-based adjustment of status applications for individuals already present in the United States. In FY 2023, USCIS intends to transfer adjustment of status applications in the first three employment-based preference categories from the Texas Service Center (TSC) and Nebraska Service Center (NSC) to the National Benefits Center (NBC) after the approval of the petition. 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. 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. This articles needs to mention this USCIS practice. Total Issued for EB3 Philippines = 6,492 For more information about portability, please see Volume 7, Part E, Chapter 5 of the USCIS Policy Manual. Heres the link to the REcorded Version with Bonus Contents http://geni.us/EBGreenCardProcess. If we transfer an applicants underlying basis, then we calculate an eligible applicants CSPA age using the applicants age at the time the immigrant visa becomes available in the new category minus the time the immigrant petition that forms the new basis of the adjustment of status application was pending. Mandamus Im expecting both EB2 and EB3 will move in parallel going forward and EB3 will retrogress as I-485s are filed due to Filing Dates being in advance. Mainland China remains on August 1, 2018, while India remains at June 15, 2012. For the millions of people waiting in line in the employment-based and family-based categories, visa bulletin predictions give them an idea of when they will be able to apply for and obtain green cards. 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. The Date for Filing chart determines whether or not one can submit the final immigrant visa application. If you dont understand the logic at work here, dont worry. Our predictions are based on these numbers that we think are possible. In other words, the principal applicant or derivative spouse may never use their childs country of birth for cross-chargeability. Will HR-1044 (if it becomes a law) do any good for EB2 India? Your priority date should be before this date. A. Why my priority dates are not moving? Great news for applicants waiting on Green Card backlog in the October Visa Bulletin 2018 from the Filing Chart Date. 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. | A. Youll notice there are two charts for each category. What 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. EB2 India Green Card Prediction for Jan 2023 Bulletin and beyond. EB2 may reach Dec 2014 again in 2023 due to the extra 60k spillover from Family GCs. Again, I dont know only 34,938 was issued when available, numbers is 40,040 for FY 2017. no one will work for you if you dont work for yourself. 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