A. no one will work for you if you dont work for yourself. We see some changes in the Final Action Dates Chart in the employment-based category and some retrogressions. Your email address will not be published. EB1-C India is being abused by Indian IT companies of CTS/TCS/WIPRO for the past 3+ years. Multiple sources are reporting that there could be some spillover from the family-based green card category to the . Q. 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. Within EB2, allocated visas are split into the following buckets (as per I-485 Inventory Data): Yup. Many applicants waiting for the Green Card for decades can apply for I-485 along with EAD/AP. 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. A. Please see April 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. 2018-Nov: EB2 for India has moved 4 days in 2 months. The unused EB1 (out of 2803) for South Korea spilled over to EB2 for South Korea and then to EB3 for South Korea. So approx 200-300k GCs should flow into EB. . Current data suggests that a record 150,000 excess green cards are expected to be made available in fiscal year 2022 as opposed to the 122,000 in FY 2021. Excellent analysis. Physicians (Added 10/26/2022). (Updated 10/26/2022). Q. Slow movement in EB2 is expected until May 23. A. Prediction for Oct 2023 . We are dedicated to ensuring we use as many available employment-based visas as possible in FY 2023, which ends on Sept. 30, 2023. Why my priority dates are not moving? A. Noncitizens with pending adjustment of status applications should not send an unsolicitedForm I-693to us. http://geni.us/EBGreenCardProcess. 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.. If you have further questions about the process or anything else about your green card, you should consult with your immigration attorney. All areas of chargeability retrogress to February 1, 2022, including China and the Philippines. How did EB3 India get 6,608, when EB2 India got just 2,879 for FY 2017? My immigrant visa petition has been approved and I have a pending adjustment of status application. (Updated 10/26/2022). Retrogression only means that due to the statutory limits, visas are not available to all noncitizens who want them, even if they have already filed an application for adjustment of status. Fiscal Year 2023 Employment-Based Adjustment of Status FAQs. Like this thread 0 0. Neither report can be used to determine the number of employment-based immigrant visas used during a quarter. When will I get my green card? There are hundreds of thousands of people waiting employment-sponsored green cards. U.S. Immigration law allows foreign nationals to obtain Green Card (aka Permenant Residency in the USA) through Employment. If you havent guessed the answers, heres the questions again. 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. Great article Raghu. How many visascame from EB1 to EB2? Q. Out of 40,040 available for EB2, why did India get just 2,879. Please check this blog and update yours so more people are educated . 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 ? Number of days between Dec 26 2008 and June 2014 is ~~ 2000 days. All Other Countries No Movement. What happens next? How is the employment-based annual limit distributed between the categories? (Updated 10/26/2022). So, EB1 will move at a slow pace (as per avail cap numbers). A. Vs EB1 will move if and when theres spillover coming from EB4 and EB5. This tool is useful for estimating your green card approval date. Move on to the next stage to understand How the Spill Over for Employment Based Green Card works. Under INA 214(g)(4), the period of authorized admission as an H-1B nonimmigrant may not exceed 6 years. However, there are certain exemptions to this limitation, including the exemption established by Congress in section 104(c) of the American Competitiveness in the Twenty-First Century Act (PDF) and codified in regulation in 8 CFR 214.2(h)(13)(iii)(E). Mexico remained on January 1, 2002. https://www.mygcvisa.com/ tracker/. How does the transfer of underlying basis request process work? USCIS is committed, with its partners at DOS, to using all the available employment-based visas in FY 2023. From what we can tell by looking at green card statistics and spillover numbers, it appears that EB3 may not make any significant movement until FY 2023. Also, this EB1-C scam is IMPOSSIBLE not to notice if you are currently living in the United States. (Updated 10/26/2022). You see so many, recently arrived cocky Indian families who are so completely disconnected from American culture. They have an older approved petition in a different preference category where a visa is available to them. The Date for Filing chart determines whether or not one can submit the final immigrant visa application. November 2022 Visa Bulletin Predictions: Green Card Limit, Priority Date, Spillover | US ImmigrationWe are dedicated to providing you with the current and most accurate information about US immigration journeys.This channel is dedicated to latest updated on USCIS New Policy Updates \u0026 New Applications Processing Time.Disclaimer: This channel is not owned by an any US Government Agency or an Immigration attorney. Before looking at deeper data within EB2, let me finish the math for EB3 for FY 2017. Quiz: When theres a backlog in EB2 for India and China, why did 79 go unused? Heres a top-level overview of EB5 Visa steps Step 1: Investor selects the project after due diligence and arranges the funds, On a Friday night, you meet with friends for a drink and dinner. Q. Legal services are provided by VisaNation Law Group PLLC, a Florida professional limited liability company. You might need to contact an expert immigration attorney for your specific immigration needs.Related Topics : november 2022 visa bulletin predictions,november 2022 visa bulletin,green card,visa bulletin,visa bulletin predictions,eb2,eb3,us immigration,us immigration news,uscis,visa bulletin 2022 predictions,uscis news,mandar immigration,immigration reform,immigration,green card news,immigration news,us visa,us visa interview waivers,employment based visa,family based visa,wisdom trends,mandar wisdom trends,adjustment of status,mandar immigration latest was featured in the February 2018 edition of SuperLawyers Magazine. Suppose you have an Adjustment of Status (AOS) application currently pending. Your use of this website and our software platform are subject to VisaNation Inc.'s privacy policy and terms of use. Your priority date should be before this date. 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. AAO Thanks a lot for all your analysis. Review our. jQuery(function(){if(typeof WebFont!=='undefined'){WebFont.load({google: {families: ['Open Sans:400,700',]}});}}); Schedule Consultation Can you estimate family-sponsored or employment-based immigrant visa use by USCIS and DOS during FY 2022? A. Dallas, TX 75266-0834, USCIS This will give you a Green card immediately as there is neither any yearly limit nor any priority date waiting for immediate relatives of US citizens. You read it right. Get latest visa bulletin and blog posts sent directly to your email address. I have EB1A PD March 2017 India- what would timelines look for me? You can even search around on Google to find How EB Spill Over works. It will be a while before you can expect the interview. China is more retrogressed than South Korea and Philippines. USCIS doesnt know how many visas would be released by DOS. If the applicant has submitted a transfer of underlying basis request, USCIS will continue processing that request and moving the application forward in the adjudication process. You may submit your written request and completed Supplement J to: USCIS (Updated 10/26/2022). It will take a while time to explain why the cells are empty . 2019-Nov: DOS makes such estimates, and the Visa Bulletin reflects those reasonable estimates. However, these are estimates, and DOS working collaboratively with USCIS cannot know exactly how many individuals may ultimately apply for adjustment of status or an immigrant visa or have their applications approved. In the F-1 category, China, India, and the rest of the world remained on December 1, 2014. What is the source for this? For those new to the green card process, you should learn a few terms and remember to understand the rest of this March 2023 visa bulletin report. For EB-5, all countries are current apart from China (July 8, 2015) and India (June 1, 2018). 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. Green cards that originate in the family-based system, rolled over to employment-based because they went unused, and then attempted to roll back to family because they are unused again, can be wiped out by the formula. When does the special exception to the per-country levels for the employment-based categories apply? Due to years of wait, not everyone with approved I-140 would file for I-485. For more information about cross-chargeability, please see the Allocation of Visa Numbers section on this page. 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. 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. EB-4 Certain Special Immigrants: 7.1% of the worldwide level. My Priority Date is Oct 2015. Yes. These visa bulletin predictions are estimates based on recent movement in the family-based categories and should not be relied upon as legal advice. One of your friends casually mentions how he ran into an H1B Visa holder applying for Green Card via EB5 Visa. Why does that happen? A. EB-3 Other for China advances to July 1, 2014. 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. EB1 ROW has PD (Feb 2020 VB is DE 1, 2018), so there will be no spillover coming to EB1 India until that clears. So far, I havent see any time your app predicted, its not your app fault, but USICS methods. 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. A. EB3-to-EB2 porting is minimal now as most of the folks that were backlogged for years in EB3 have gotten their GCs. Q. tracker (which has thousands of cases): Do not send other forms, documents, or evidence to this address. Thanks to my friend whos been keeping track of these EB-2 India numbers for these years. The whole revocation of I-140 is another animal to deal with though. 121 Business They are also estimating that EB1 India will also get a restricted date starting Jan 2023 bulletin. EB2 gets more spillover as a whole as it gets it from EB1 (and eb1 gets it from EB 4). Green Card Lawsuit Details - 2022 Each case will be filed as an individual case as Brad thinks that it has a better chance of getting a positive result. I pity folks like you, you fall for the divide and rule policy of the per country cap, when you start thinking youre better then someone else and then there will be someone better then you. U.S. Or am I missing something? What? As a result, more than 100,000 applicants who had previously provided biometrics received this automatic update in October and November 2022. 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? Q. You should be ready to file i-485 documents if the dates move forward quickly as the window might not stay open for long. Q. As per immigration law, the number of available visa quota is controlled by the Department of State. Citizenship, How EB Green Card Spill Overbetween EB1, EB2, EB3, EB4 and EB5 works, Top 10 Tweets About S386 Bill Green Card Country Cap Removal, October 2018 Visa Bulletin Comes with Great News for EB2, EB3 India. Use the coupon code DWHF5RQ6 to get a $29.99 discount on the am22techs NABC certificate service. Mainland China remains on August 1, 2018, while India remains at June 15, 2012. Courts 800# Ok. Why EB2 India, EB3 India is movingslower and EB3 China is moving fast? Unsubscribe at any time. Q. EB3 may only reach end of 2013. This essentially means that the bull run for Indians has ended. The State Department has said they will continue monitoring the situation and make any changes as necessary. Also, my PD is Jan, 2010 under EB2. Theres Top to Down spillover EB2 to EB3 (which is dried out). EB1, EB2 and EB3 = 7% of 40,040 = 2,803. Numbers of years vary (from 10 to 70 years). EB-2 Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference. Carl Great analysis . Our predictions are based on these numbers that we think are possible. Is it true that the EB-3 I-140 does not have to be approved to allow a transfer of underlying basis of the Form I-485 to an approved EB-2 I-140 where the EB-2 priority date is current under the Final Action Dates? If they go by actual i140 numbers, the app prediction will probably be a lot closer to reality. H-1B News So, if there is less wastage overall, the EB2 will win in the long run. 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.). You may have noticed the following from two data sets. | 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. USCIS has estimated that EB2 Indians will only get a total of about 4k GC in 2023. Required fields are marked *. The first way is to file an I-140 for a green card and chargeability area with a current priority date. A. In the world of immigration law, it always pays to be informed. No, USCIS granting an applicants transfer of underlying basis request does not mean that an immigrant visa has been allocated to the applicant. 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. Do you think the high investor fee for ( EB5) will increase the spillover ? Religious 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. 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. All content Copyright //
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