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. Yes. Very good point. EB2 may reach Dec 2014 again in 2023 due to the extra 60k spillover from Family GCs. In this new bulletin, we see no changes in the family-based category but some major retrogression in the employment-based Final Action chart in the EB-4 category, especially for most countries across the board (except Central America). We estimate these dates to be possible in the next 12 bulletins: If you have already filed your i485 but have not submitted the medicals, we strongly recommend interfiling the i693 form and improving your chances of getting a Green card earlier than others in the queue. 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? why dont you guys start work on changing the rule instead of asking when will I get my GC ? Q. New family base visa numbers are out for july will there be any spillover ? 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). If visas are not required in a particular employment-based category, are they made available in the other employment-based categories? Theres no detailed analysis like this one. The Final Action Date chart indicates whether an immigrant visa number will be available. A. USCIS makes every effort to adjudicate the principal and derivative family members at the same time, but this is not always possible. Change in law is required for faster movement. Your priority date should be before this date. Through Parents USCIS has not clarified this in the court filing. https://travel.state.gov/content/dam/visas/Statistics/Immigrant-Statistics/WaitingList/WaitingListItem_2018.pdf. A. Q. Theres Top to Down spillover EB2 to EB3 (which is dried out). EB3 does not spill over to anyone as per our understanding. If you received this notice as a result of the automatic update, your case will continue to be processed per standard procedures. 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. Hi Ash Prab, October 2022 Visa Bulletin Predictions.Possible Spillover FB Green Card to EB | Benefit for I-485#visabulletin #uscis #greencard The USCIS normally strives t. (Added 10/26/2022). Why EB2 India, EB3 India is movingslower and EB3 China is moving fast? Whats the estimated wait time? Given the rapid movement of files between directorates and offices as we strive to optimize resources across the agency, it would be difficult to match an unsolicited Form I-693 with the related adjustment of status applications in a timely and efficient manner. EB 2 India, PD March 2011. Great analysis . There are hundreds of thousands of people waiting employment-sponsored green cards. A. In the EB-3 category, Mexico, the Philippines, Central America, and the rest of the world is current. Since EB2 is already so much backlogged, it may never send any spill to EB3. All requests to transfer the underlying basis already received or that will be received at a USCIS office will be processed as usual by the USCIS office with jurisdiction over your pending Form I-485. Fiscal Year 2023 Employment-Based Adjustment of Status FAQs. A. You can watch the Q&A from June 2018 event and Full Session from Oct 2018. How does retrogression of the Final Action Dates affect eligibility for exemption from the 6-year limit on H-1B status? Number use and demand has been higher than anticipated at the start of this fiscal year, so further retrogression has become necessary. China and the rest of the world are at March 1, 2022, India at April 1, 2021 and Mexico is at September 1, 2020. In this example, USCIS would only consider the applicants eligibility for adjustment on the basis of the EB-2 petition, unless the applicant again requested a transfer to a third basis. A. 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. A. Philippines uses fewer EB1 and EB2 as well. 2023 AM22Tech| English Exam Q. (Added 10/26/2022). Dual Citizenship, USCIS Going by your analysis and applying the resources, I am guessing it will take approx. 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.). 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. In this new bulletin, we see no changes in the family-based category but some major retrogression in the employment-based Final Action chart in the EB-4 category, especially for most countries across the board (except Central America). EB1 ROW has PD (Feb 2020 VB is DE 1, 2018), so there will be no spillover coming to EB1 India until that clears. Q. 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. All areas of chargeability retrogress to February 1, 2022, including China and the Philippines. The responses and information are intended to be general and should not be relied upon for any specific situation. Mexico moves to April 1, 2001. Officials are monitoring this category and have said theyll make changes when necessary. (Added 10/26/2022). He is a Certified Specialist in Immigration crossed. A. Therefore, any unused family-based visas get added to the EB categories. Even I want to know why those are empty. up? This is different from cross-chargeability, which is when an applicant may benefit from the charging of their visa number to their spouses or parents country of birth rather than their own. You may have noticed the following from two data sets. Enjoy the benefits of tracking, analyzing, estimating and discussing your immigration matters. 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.. EB Green Cards 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! green card spillover 2022 predictions. 2501 S. State Hwy. For the first question, you should know the answer based on my explanationso far in this page. 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. It is unavailable for family- or investment-based immigration and the EB-1C or EB-2 NIW. Legal services are subject to a separate attorney agreement between VisaNation Law Group PLLC (formerly SGM Law Group PLLC) and you. 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. Mainland China advances to July 1, 2014. With these priority date waiting times being so long, it's imperative that your first attempt is done the right way. For the EB-3 category, Mexico, the Philippines, Central America, and the rest of the world are current. 2021-22 Panini Prizm Draft Picks Basketball Cello Pack **FACTORY SEALED** Cade. (Added 10/26/2022). The category for family-based immigration comprises four preference levels based on who your sponsoring family member is in relation to you. 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. 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. A. Your next question should be based on the I-485 Inventory Data. How many Visa did EB3 India get from EB2 Spill Over? You should be ready to file i-485 documents if the dates move forward quickly as the window might not stay open for long. 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. Total Issued for EB3 India = 6,608 where will priority date for india head ?do watch this video , like , subscribe a. India EB2 to EB3 downgrades are possible. Share sensitive information only on official, secure websites. Work Visas Why did China only get 2,348 while South Korea got 3,290 and Philippines got 6,492? All content Copyright // 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. Remember, marriage-based green card applicants, are known as immediate relatives and dont have to wait to receive a green card. Excellent analysis. 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. Theres a set limit on how many Green Cards can be issued per year per country per preference category through Employment Based. A. Please advice. But this data is only from NVC . How to estimate the Priority Date movement from coming months? You show a good explanation of the spillover but you missed the elephant in the room buddy! It is working. Does retrogression, the issuance of a Request for Evidence or Notice of Intent to Deny, or the scheduling of an interview reset the 180-day portability clock? EB5 is backlogged for many years. (Added 10/26/2022). 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. Philippines No Movement If you would like to support this site, please consider donating using any of the options below or simply visit our friendly sponsors: "Final Action Date" is the date when when USCIS/DOS may render their final decision on submitted applications. 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. Q. OP. The decision to grant a transfer request is made in the discretion of USCIS. down? 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. The more you know about your green card, the easier it will be to make informed decisions about your case. 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. As attractive as porting might seem, it is a delicate process with particular requirements. S0, unused 943 visas from EB4 would spill over to EB1. It happens because if there is less wastage, then EB2 may get more GCs than EB3. Please click the Schedule Consultation link above. Q. Denaturalization click here: https://www.mygcvisa.com/visa/. When a visa becomes available to you in the future based on the Final Action Date for your country and category as compared to your priority date, USCIS will be able to approve your adjustment of status application if you are admissible, merit a favorable exercise of discretion, and are otherwise eligible. 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. Adjustment of status applicants with multiple pending or approved immigrant visa petitions in different EB categories who may decide to transfer between categories based on which category seems most advantageous to them. You can leave the. Tags: No. 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. Q. 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