green card spillover 2022 predictionsgreen card spillover 2022 predictions

If USCIS grants my transfer of underlying basis request, will USCIS consider my eligibility for adjustment of status on both bases? Does retrogression affect my priority date or place in line for an immigrant visa? Why did many adjustment of status applicants see the status of their applications change to Case Was Updated to Show Fingerprints Were Taken in the USCIS Case Status Online tool in early FY 2023 when they had provided biometrics months earlier? In EB-2, Mexico, there are no changes cross the board since the last bulletin. I have one question though. Under that exemption, USCIS may grant additional periods in H-1B status in increments of up to 3 years for a noncitizen who currently maintains or previously held H-1B status, who is the beneficiary of an approved EB-1, EB-2, or EB-3 immigrant visa petition, and who is eligible to be granted LPR status in one of those categories but for the application of the per country limitation. COVID Possible Spillover From Family-Based Green Cards. If you want more insights, I have news for you. Question from EB5 Visa Newbie Can an EB5 Investor invest in any EB5 Visa Projects? Your email address will not be published. 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. In EB-2, we see Mexico, the Philippines, Central America, and the rest of the world remain on December 1, 2022. Since, theres not enough applicants from other counties, we have another Category of Country Rest of the World (ROW). Why do the dates in the Visa Bulletin sometimes retrogress? Nothing on this website or associated pages, documents, comments, answers, e-mail, articles or other communications should be taken as legal advice for any individual case or situation. A. Disclaimer: Website, software platform and administrative support are provided by VisaNation Inc., a Delaware corporation. China remained on July 8, 2019, and India stayed on May 1, 2012. Labor Dept China No Movement 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. Like this thread 0 0. (Added 10/26/2022). 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. This equates to over 290,000 employment-based green cards. From Annual Numerical Limits FY 2018 Data. If you have already filed your i485 but have not submitted the medicals, we strongly recommend. A visa number is subtracted from the annual limit when the Department of State issues an immigrant visa to a noncitizen through consular processing or when a noncitizen acquires lawful permanent resident status upon approval of their application for adjustment of status, either with USCIS or the Executive Office for Immigration Review (EOIR) of the Department of Justice. EB3 India getting spill over from EB3 ROW (about 3,500) and get total more than 6K. My PD is 08/15/2018 with EB1C when can i expect it to be current ?? Hi My Account . So, USCIS would know in advance how many applicants would file for I-485. Change in law is required for faster movement. Through July 31, 2022, the two agencies have combined to use 210,593 . Prediction; Dashboard; Prediction; Dashboard; Lawyer Questions; Search. 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. The number is even lower than their first-quarter i485 approvals which stood at 27,485. mw. EB4 and EB5 = 7% of 9,940 = 696. EB-5 Employment Creation: 7.1% of the worldwide level, of which 32% are reserved as follows: 20% reserved for qualified immigrants who invest in a rural area; 10% reserved for qualified immigrants who invest in a high unemployment area; and 2% reserved for qualified immigrants who invest in infrastructure projects. Lewisville, TX 75067-8003. 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. What does a Case Remains Pending message mean in the USCIS Case Status Online tool? 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. How does a transfer of underlying basis request affect the calculation of a childs age under the Child Status Protection Act (CSPA)? 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.. Enjoy the benefits of tracking, analyzing, estimating and discussing your immigration matters. down? 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. I have questions about the EB3 FY 2017 Numbers: Total Available EB3 = 40,040 Once a visa number can be allocated, USCIS will resume the processing of the application. Many attorneys have been preparing to file a lawsuit too to challenge USCISs interpretation of giving away the full spillover to ROW instead of giving it to the most backlogged country which is Indian and China. Many applicants waiting for the Green Card for decades can apply for I-485 along with EAD/AP. This green card prediction tool is free to use. Check the following empty cells in the image below. 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. A legal declaration was issued on September 6, 2022 by Andrew Parker (USCIS) who specializes in EB adjustment of status cases and who coordinates with the U.S. Department of State (DOS). EB-3 Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to *Other Workers. Current Step: If your priority date is not current, then you can calculate when it may become current, check your case status, case processing time, Besides, whats the point in paying all the social security taxes for a decade without any benefits ??? 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. 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.. The Dates for Filing chart determines when an applicant can file an I-485. I thought eb3 will move faster compared to eb2 for 2019. Why dont you ask the same questions with your friends? 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. 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. (Updated 10/26/2022). A. Can $500,000 Investment be Any Type of EB5 Projects? 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. 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 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. These visa bulletin predictions are estimates based on recent movement in the family-based categories and should not be relied upon as legal advice. Review our. Their english tends to be horrible at best, as most of them never took GRE/TOEFL, they never studied in the US. (Updated 10/26/2022). My EB2 Priority date is June 2011.When can I expect EAD (DATES FOR FILING OF EMPLOYMENT-BASED VISA APPLICATIONS) and Greencard (FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE CASES).Appreciate your help and based on this I will look another job or move from USA. USCIS has specified to use the Dates For Filing Chart for all employment-based AOS Filings for March 2023. The results are estimates and for your informational use only, and we specifically disclaim the accuracy of the information provided. What has been the trend in the ROW EB1 quota consumption? My PD is 2012 feb for eb3 category. I have read your article multiple times and each time I have got a better understanding of the process. A. DOS currently estimates that the FY 2023 employment-based annual limit will be approximately 197,000, due to approximately 57,000 unused family-sponsored visa numbers from FY 2022 being added to the employment-based limit for FY 2023. (Updated 10/26/2022). Thank you. 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. ht. You can leave the. If I applied for adjustment of status as a principal applicant, and my spouse applied as my dependent family member, but now visas are unavailable for us based on my petition but they are available based on a petition filed for my spouse, may we transfer our pending adjustment of status applications to her petition? They also probably hold the dates based on their assumptions about how many ROW (rest of world) numbers are needed which is just a wild speculation. 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. Preference: Priority Date: USCIS/NVC Case Status: Enter case receipt number: Get receipt Number USCIS Case Processing Time: O-1 Visas Why my priority dates are not moving? looking forward for more. Why these are empty Who is this question for. In a situation like this, where both spouses have one or more petitions that could serve as the underlying basis for their adjustment of status applications, they can request to transfer the underlying basis from a petition filed on behalf of one spouse to a petition filed on behalf of the other if the new immigrant visa category allows for dependent spouses. 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? As a result, the noncitizen could not adjust status based on that petition. 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. (Added 10/26/2022). And you also have an option to go to Canada via Express Entry. 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). In the EB-4 category, we see some retrogression. Does it usually end up having unused visas? Denaturalization "Date for Filing Application" is the date when you can submit I-485/NVC applications to USCIS/DOS. Ok. Please submit your thread . Whenever possible, USCIS applies cross-chargeability to preserve family unity and allow family members to immigrate together. *The numbers in the brackets designate the amount of movement in the filing date for that particular category compared to the previous month. Neither report can be used to determine the number of employment-based immigrant visas used during a quarter. 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. Q. Can you please tell me when I can expect the interview. USCIS will continue to take multiple, proactive steps in coordination with its partners at DOS to maximize the issuance of visas. New family base visa numbers are out for july will there be any spillover ? October 2022 Visa Bulletin Predictions.Possible Spillover FB Green Card to EB | Benefit for I-485#visabulletin #uscis #greencard The USCIS normally strives t. 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. Both EB2 and EB3 India will take several years. L-1 Visas South Korea uses fewer EB1 numbers. But if the green cards for family based . Attn: Supp J (Box 660834) I dont see that happening since China has 14 years backlog and India has like 8 years EB5 wait. I will analyze the data to get further insights. Another reason Theres EB3 to EB2 porting. Marriage The companion bill HR 1044 in the U.S. House passed by 365 65. The S386 Bill: Fairness for High-Skilled Immigrants Act of 2019 aka Country Cap Removal for Employment-Based Green Card Bill. Heres Annual Limits for Employment Based Green Card for FY 2018 from the Dept of State. Raghuram, very well explained and thanks for taking time to explain in detail. 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. Your estimate of time taken for an applicant ,whose priority date is Aug-2012, is 12 years to become current and get his GC. 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. All Other Countries Remain Current, EB-2 Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability, India No Movement This situation will be continually monitored, and any necessary adjustments will be made accordingly.. 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. BIA, Political 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. 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.. Many people would need the NABC (non-availability of birth certificate) to file the i-485 application and am22tech is helping with it for a small fee. One-Year Rule, 2002 PresentEB CategoriesEB VideoFamily CategoriesTips for FB Cases CSPA. Q. EB Green Cards Why does USCIS not review its records and make the decision for the applicants? many thanks. For April 2023. (YYYY-MM-DD): Pending I-485 Cases Ahead of You: Pending CP Cases Ahead of You: Your Overall Place in Line for Green Card: Q. 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. EB-5 (Unreserved including C5, T5, I5, R5). If you have further questions about the process or anything else about your green card, you should consult with your immigration attorney. 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. 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