The chargeability areas are China, India, Mexico, the Philippines, Central America (Guatemala, Honduras, El Salvador), Vietnam, and the general category. 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. 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. 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. In setting the first Visa Bulletin of the fiscal year each October, DOS makes reasonable estimates of the available employment-based immigrant visas in each category. Heres the link to the REcorded Version with Bonus Contents http://geni.us/EBGreenCardProcess. A .gov website belongs to an official government organization in the United States. Back to Green Card Discussion Forum (I-485) Ask a Lawyer. 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? In reality, you need to start with a new petition (and a new PERM if necessary). When do you think this date might become current? When USCIS uses the phrase visa available when referring to pending applications for adjustment of status, what does this mean? 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. 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 ? This articles needs to mention this USCIS practice. USCIS has specified to use the Dates For Filing Chart for all employment-based AOS Filings for March 2023. 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. But, only 8,997 was issued. The category for family-based immigration comprises four preference levels based on who your sponsoring family member is in relation to you. This means a total of 200k GCs will be available for the . Required fields are marked *. many thanks. The State Department has issued the March Visa Bulletin. Surely with less wastage it should reach earlier right? DACA. A priority date establishes a persons place in line to get an immigrant visa. The Field Operations Directorate will adjudicate the adjustment of status applications. (Added 10/26/2022). Dallas, TX 75266-0834, USCIS How many visascame from EB1 to EB2? A. 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. This is misleading because you dont port your green card. 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? I have read your article multiple times and each time I have got a better understanding of the process. https://travel.state.gov/content/dam/visas/Statistics/Immigrant-Statistics/WaitingList/WaitingListItem_2018.pdf. Whenever possible, USCIS applies cross-chargeability to preserve family unity and allow family members to immigrate together. No, USCIS granting an applicants transfer of underlying basis request does not mean that an immigrant visa has been allocated to the applicant. USCIS is committed, with its partners at DOS, to using all the available employment-based visas in FY 2023. If not, you must read it again for EB4 to EB5 to EB1 to EB2. Email Newsletter: To receive email as soon as latest visa bulletin is released, please click here. TN Visas. VisaScreen 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. 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. 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.. Change in laws must.Keep lobying. (YYYY-MM-DD): Pending I-485 Cases Ahead of You: Pending CP Cases Ahead of You: Your Overall Place in Line for Green Card: This could delay the adjudicationof adjustment of status applications while Forms I-693 are matched up to adjustment applications. These visa bulletin predictions are estimates based on recent movement in the employment-based categories and should not be relied upon as legal advice. 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. 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). (Added 10/26/2022). EB3 does not spill over to anyone as per our understanding. mw. For the second question, you should be following the Report from Department of State. How will the unused family-sponsored visa numbers from FY 2022 that are added to the employment-based limit in FY 2023 be distributed, in light of per-country limits? green card spillover 2022 predictions. side? 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. A. He is a Certified Specialist in Immigration My husband is on EB1 and our priority date is Feb 2018 and I am his dependent. India EB2 to EB3 downgrades are possible. The Date for Filing chart determines whether or not one can submit the final immigrant visa application. The key of our short-term prediction is that there will be no 'forward movement' for F2B-All Countries until September 2022, at the vert least. Hi, My PD is February 2018 EB1A India. Employment-Based Keep this date handy since you will need it to compare to the dates in this bulletin. A. The State Department provides the following guidance regarding the EB-2 category: Since December 2022, there has been higher than expected number use and demand, mostly due to continued new filings by applicants from all countries with priority dates earlier than the established final action dates. Find many great new & used options and get the best deals for 2021-2022 prizm basketball cello pack Sealed lot of 10 Cade jalen green Rookies at the best online prices at eBay! Hence data will keep changing every month. Q. Thank you in advance. ?,Due to my high school going kid , I need to look for options appreciate your response. When Will the September 2022 Visa Bulletin Be Released? A. 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 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. USCIS/NVC Timeframe: Please click here to see how long it currently takes to process application. 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. In the world of immigration law, it always pays to be informed. In other words, if there were unused family-sponsored numbers in the previous fiscal year, they are distributed based on the same fixed percentages. USCIS has only approved 17,896 Green cards between 1 Jan 2021 to 31 Mar 2021. More Options: If you are new to immigration process or would like to see what other immigration options are available, please Now with the FB green card restrictions there is possibility of spillover to EB GC category, how this spillover works, will it all move to EB1? We will update these tables as we get more data from USCIS or DOS. Through Military Mandamus Your next question How do I calculate the Wait Times for my Green Card? For those that have invested the time, effort, and money into an immigrant visa, questions arise such as How long will it take for my date to be current? and Can I speed this process up? We provide regular monthly updates on the most recent visa bulletin, analyze the date movements, and predict upcoming months to help answer these questions. If we grant the transfer request, we will adjudicate the Form I-485 application based on the petition to which the Form I-485 was transferred. If a particular immigrant visa category is current on the Final Action Dates chart or the cutoff date on the Final Action Dates chart is later than the date on the Dates for Filing chart, applicants in that immigrant visa category may file using the Final Action Dates chart during that month. When will the category become current according to your analysis? Therefore, running decisions like these through your immigration attorney is always good. If you look at I-485 Inventory data, there are four countries (India, China, Mexico and Philippines) that are typically impacted by backlogs (more applicants than available Green Cards Cap per country). 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. Below is a simplified visual representation of what this looks like. F1 Unmarried Adult Sons and Daughters of U.S. Citizens: 23,400 plus any numbers not required for fourth preference. This situation will be continually monitored, and any necessary adjustments will be made accordingly.. Philippines No Movement Biden Maybe 10 to 15 years at the current rate. This essentially means that the bull run for Indians has ended. 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! Q. Q. 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. 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. Please advice. Eligibility You filed a Form I-485 before February 1, 2021, in EB2 or EB3. Adjustment of Status, Naturalization Your priority date should be before this date. You may still receive a visa when one becomes available to you based on that priority date. March 2023 Visa Bulletin: Overview and Predictions. For example, if I applied for adjustment of status based on an EB-3 petition and USCIS granted my transfer request to an EB-2 petition, will USCIS consider my eligibility on either petition? Neither report can be used to determine the number of employment-based immigrant visas used during a quarter. Final action dates are based on the green card category and the chargeability areayour country of origin. 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. 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. 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. What this means is any unused ROW EB2 numbers are first spill over to ROW EB3 before they move to EB2 backlogged countries. Suppose you have an Adjustment of Status (AOS) application currently pending. 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. Due to the global pandemic and limited appointments at overseas consular offices, family-based immigrant visas continue to see low usage numbers. 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. Suite 400 Q. 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. Denaturalization Your email address will not be published. My Priority Date is Oct 2015. Great article Raghu. Contact Us. Hi, The Final Action Date chart indicates whether an immigrant visa number will be available. $3.99 + $1.00 shipping. You see so many, recently arrived cocky Indian families who are so completely disconnected from American culture. 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. Also, my PD is Jan, 2010 under EB2. Q. How does retrogression of the Final Action Dates affect eligibility for exemption from the 6-year limit on H-1B status? Note: Our Immigration and Citizenship Data All USCIS Application and Petition Form Types and Application for Adjustment of Status (Form I-485) quarterly reports do not provide a comprehensive picture of employment-based visa use. If I did not file a Form I-693 with my pending Form I-485, should I send one in now or wait for USCIS to request it, and why? We require transfer requests to be in writing from the applicant to ensure that the record accurately reflects the basis on which the applicant requests us to adjudicate the adjustment of status application. Once a visa number can be allocated, USCIS will resume the processing of the application. The tool can also be used by consular processing applicants to get . The principal applicant may cross-charge to the derivative spouses country, and the derivative spouse may cross-charge to the principals country. The government estimates that 197,000 green cards will be available to persons in the employment categories in Fiscal Year 2023, down from 281,507 in FY 2022, but 57,000 higher than the 140,000 mandated by law as the result of 57,000 unused family-based green cards in Fiscal Year 2022. Q. Now you have an idea about how Employment Based (EB) Green Card Category Spill Over Works. Simple Math at work here: Spilover from Rest of the World(ROW). 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. Any suggestions on moving to new job or staying with current? I did two Live Webinars on How to Navigate the Green Card Process (150 and 130 Minutes in Duration). 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. This means a total of 200k GCs will be available for the employment-based category. spillover sharing details within EB categories in a really simple way, NABC (non-availability of birth certificate) to file the i-485 application, remove country-based GC limits with a law like S386, neither any yearly limit nor any priority date waiting for immediate relatives of US citizens. Good details. Great news for applicants waiting on Green Card backlog in the October Visa Bulletin 2018 from the Filing Chart Date. 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. Immigration comprises four preference levels based on who your sponsoring family member is in relation you! Completely disconnected from American culture reality, you need to look for options appreciate your response underlying basis does! 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