Q. Appreciate your input. (Added 10/26/2022). 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. 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. Date of filing chart may be available for use in 2021. EB Green Cards More Options: If you are new to immigration process or would like to see what other immigration options are available, please Mainland China remains on August 1, 2018, while India remains at June 15, 2012. For March, the final action date for the EB-5 Unreserved category for India is set at 01JUN18., NUMBERS FOR THE EMPLOYMENT-BASED PREFERENCE CATEGORIES. 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. Theres no spill over from EB1 to EB2 ROW and EB2 ROW to EB2 India. Adjustment of Status (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. Carl Shusterman served as an INS Trial Attorney (1976-82) before opening a If I am applying for adjustment of status, should I submit Form I-693 with my Form I-485? This is misleading because you dont port your green card. What does a Case Remains Pending message mean in the USCIS Case Status Online tool? How does the spillover from ROW work? 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. EB 2 India, PD March 2011. China No Movement I-485 is filed with USCIS (Falls under Department of Homeland Security), Visa Bulletin is announced by the Department of State, Total Available = Based on Table 1 Above (As per US Immigration Law), Total Issued = Based on Annual Report published by Department of State, Spill Over and Left Over = Manual Math based above two reports, Left Over EB4 =9,940 8,997 = 943 (This Spills Over to EB1), Total Available with Spill Over from EB5 = 40,040 + 943 = 40,983, Total Available with Spill Over from EB1 = 40,040 + 0 = 40,040, Total EB2 Visa Issued for India for FY 2017 = 2,879. The principal applicant may cross-charge to the derivative spouses country, and the derivative spouse may cross-charge to the principals country. COVID You can learn how to decode the numbers and more. EB-3 Other for China advances to July 1, 2014. The State Department has said they will continue monitoring the situation and make any changes as necessary. 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. You are correct about 2800 issued per year. Get a grip and fight for equality not for preferential treatment, that is what anti immigrants are doing. L-1 Visas 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. Now you have an idea about how Employment Based (EB) Green Card Category Spill Over Works. Correct? Like this thread 0 0. We promise not to spam you. document.getElementById( "ak_js" ).setAttribute( "value", ( new Date() ).getTime() ); 2023 Happy Schools - Privacy Policy - Terms and Conditions - Contact - About. The EB3 India should still move forward and may reach 2014 as per our estimation. Any suggestions on moving to new job or staying with current? Through Military Review our. Now, lets look at the numbers for EB-2 India since 2018. green card spillover 2022 predictions. 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! The results are estimates and for your informational use only, and we specifically disclaim the accuracy of the information provided. Your priority date should be before this date. What is prediction for eb1 i485 adjustment date for priority date of Aug, 2019? I still didnt understand how EB3 allocation can be 6K and more than EB2 for India. It would also help in estimating date movements in future visa bulletin. My Account . Q. 2023 VisaNation, Inc. All Rights Reserved. How do you know that USCIS does spillover for each country individually first? Why must applicants request to transfer the underlying basis of their pending Form I-485? Good details. A. A. Total Issued for EB3 Overall = 34,938. Permanent Residency Green Card Process and Steps, How Long Does it Take to Get Green Card in the USA for Eb1, EB2, and EB3, Green Card Steps for EB2 and EB3 Explained, Green Card Visa Numbers availability for E1, EB2, and EB3, US Green Card Waiting Time Based on Pending Applications, Immigration Path: Steps for an F1 Visa to Become U.S. Spillover from FB to EB next year - political considerations . parent green card, sibling green card, Visa Bulletin. 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.. Your priority date should be before this date. 2018-Nov: The more you know about your green card, the easier it will be to make informed decisions about your case. March 2023 Visa Bulletin: Overview and Predictions. Move on to the next stage to understand How the Spill Over for Employment Based Green Card works. So 2 days in a month average. As attractive as porting might seem, it is a delicate process with particular requirements. 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. (Updated 10/26/2022). Yes. 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. This means a total of 200k GCs will be available for the employment-based category. This green card prediction tool is free to use. Neither report can be used to determine the number of employment-based immigrant visas used during a quarter. As per immigration law, the number of available visa quota is controlled by the Department of State. Once the final action date in your green card preference level and chargeability area reaches your priority date, your priority date will be considered current. Disclaimer: In order to estimate dates, this Site uses the Visa Bulletin data from previous fiscal years and the current fiscal year, and make calculations about possible future dates. Where can we find how many unused visa nos are available for EB3 or EB2 india for 2020. Quiz: When theres a backlog in EB2 for India and China, why did 79 go unused? Whats the estimated wait time? However, the petition was filed over 10 years ago, and the noncitizen no longer has a relationship with the potential employer, or the employer may no longer exist or no longer be willing to employ the noncitizen. My category retrogressed or a Final Action Date was applied. If USCIS grants my transfer of underlying basis request, will USCIS consider my eligibility for adjustment of status on both bases? 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. Mandamus EB2 gets more spillover as a whole as it gets it from EB1 (and eb1 gets it from EB 4). Why does that happen? Both EB2 and EB3 India will take several years. October 2022 Visa Bulletin Predictions. I have EB1A PD March 2017 India- what would timelines look for me? The number is even lower than their first-quarter i485 approvals which stood at 27,485. Q. Q. My PD is 8/19/2016. Q. Your son may turn 21 and sponsor you by the time EB2 moves to 2012! MY GOD, WHY IS THIS SO HARD TO UNDERSTAND??? When is a visa number subtracted from the annual limit? This could delay the adjudicationof adjustment of status applications while Forms I-693 are matched up to adjustment applications. Please check this blog and update yours so more people are educated . You may have noticed the following from two data sets. Denaturalization Great article Raghu. Can you estimate how many employment-based immigrant visas USCIS and DOS will use during FY 2023? EB2 may reach Dec 2014 again in 2023 due to the extra 60k spillover from Family GCs. 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 You read it right. Only the publication of a revised Visa Bulletin for a month would alter USCIS decision about accepting or rejecting an application due to visa availability. However, sometimes USCIS will note that theyll accept I-485s based on the Date for Filing chart. When do you think my date will become current ? It would be very useful to understand how USCIS is currently processing these cases in each category. A. But EB2 India is not getting (or just 79) from EB2 ROW. China and the rest of the world are at March 1, 2022, India at April 1, 2021 and Mexico is at September 1, 2020. Whenever possible, USCIS applies cross-chargeability to preserve family unity and allow family members to immigrate together. The Dates for Filing chart determines when an applicant can file an I-485. A. USCIS may only adjust the status of a noncitizen to lawful permanent residence under INA 245(a) if the noncitizen demonstrates that they are admissible to the United States for permanent residence. The statutory language relating to both adjustment of status and the health-related grounds of inadmissibility require USCIS to apply those grounds of inadmissibility to all adjustment of status applicants regardless of the number of years they have already lived in the United States in other statuses (with a limited exception for immunizations for certain adopted children 10 years of age or younger). For all other employment-based preference categories, the priority date generally is the date USCIS accepts the underlying petition for processing. The first way is to file an I-140 for a green card and chargeability area with a current priority date. EB2 India Green Card Prediction for Jan 2023 Bulletin and beyond. We are dedicated to ensuring we use as many available employment-based visas as possible in FY 2023, which ends on Sept. 30, 2023. When estimating how many pending or newly filed applications are likely to result in visa use during a fiscal year, the agencies consider a variety of factors, including but not limited to: When the amount of demand for a particular category (or a country within a category) exceeds the supply of visa numbers available, the category/country is considered oversubscribed and DOS applies a cut-off date in the Final Action Dates chart to ensure that visa use remains within the quarterly and annual limits, as well as the category and per-country limits and order of consideration, as established by Congress. Your app cant predict the dates accurately, because USICS always acts in a different way. As a result, the noncitizen could not adjust status based on that petition. You can stay up-to-date with Visa Bulletin by subscribing to our Free E-Mail Newsletter. Q. EB2 may reach Dec 2014 again in 2023 due to the extra 60k spillover from Family GCs. no one will work for you if you dont work for yourself. Please note that just because a visa is available for issuance to an applicant does not mean that the applicant has been allocated a visa. 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. If they go by actual i140 numbers, the app prediction will probably be a lot closer to reality. When is a derivative childs applicant age locked under the Child Status Protection Act, and how is that age calculated? Why does USCIS not allow noncitizens to apply for adjustment of status based on the Dates for Filing chart every month of the year? 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. How does the transfer of underlying basis request process work? Great analysis . 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? 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. Congress created a system in which DOS must regularly adjust the population of noncitizens who can potentially be issued visas (set by the Final Action Dates) in order to create sufficient demand for such visas (allowing the agencies the best chance to use all of the visas) while also restricting the issuance of such visas (to ensure that visa issuance remains within the limits established by Congress). Please submit your thread . The whole revocation of I-140 is another animal to deal with though. Family spillover to employment is 60k GC in FY 2023. Disclaimer: Website, software platform and administrative support are provided by VisaNation Inc., a Delaware corporation. Visas not required in EB-1 are made available in EB-2, and visas not required in EB-2 are made available in EB-3. Refer to the Green Card Guide for additional details on how to calculate the waiting time. How many visascame from EB1 to EB2? Lets apply this theory with Real Data for FY 2017 Green Allocations by Country and Category. Again, I dont know only 34,938 was issued when available, numbers is 40,040 for FY 2017. Mexico retrogresses to August 1, 2020 and India to March 1, 2021. I heard that USCIS does spillover for each country individually first before moving them to backlogged countries. Due to patterns we have seen in the past, the USCIS typically tries to narrow the gap between India EB2 and EB3 priority dates. You can estimate your own green card date based on the same AI algorithm which we use for predicting visa bulletins. I hope I was able to articulate how to understand the Spill Over for Employment Based Green Cards. Also, my PD is Jan, 2010 under EB2. Just 76 visa came from EB2 ROW. Awesome article. EB3-to-EB2 porting is minimal now as most of the folks that were backlogged for years in EB3 have gotten their GCs. What is my path forward to a Green Card? 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. 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. I am on EB1 with priority date Jan 2018. Will 60k new Family to Employment Spillover Help EB2 India? Mexico moves to April 1, 2001. Since EB2 is already so much backlogged, it may never send any spill to EB3. EB2 for India has moved 4 days in 2 months. Why did China only get 2,348 while South Korea got 3,290 and Philippines got 6,492? $8.99 + $1.99 shipping. See 8 CFR 245.1(g)(1). 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). 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. 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. VisaScreen Total Issued for EB3 India = 6,608 Officials are monitoring this category and have said theyll make changes when necessary. A USCIS officer reviews the transfer request and will grant or deny the request as a part of the adjudication of the adjustment of status application. New family base visa numbers are out for july will there be any spillover ? We offer Zoom and telephonic consultations. My priority date is Aug-2012 in EB2, my US born son age is 9. October 2022 Visa Bulletin Predictions.Possible Spillover FB Green Card to EB | Benefit for I-485#visabulletin #uscis #greencard The USCIS normally strives t. But,. 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. But if the green cards for family based . (Updated 10/26/2022). The Final Action Date chart indicates whether an immigrant visa number will be available. https://travel.state.gov/content/dam/visas/Statistics/Immigrant-Statistics/WaitingList/WaitingListItem_2018.pdf. Thats how you got the 6k. In the F-3 category, China, India, and all other countries of chargeability remain at November 8, 2009. I agree. When will the category become current according to your analysis? My immigrant visa petition has been approved and I have a pending adjustment of status application. EB4 and EB5 = 7% of 9,940 = 696. NCLEX etc: https://www.mygcvisa.com/calculator. Final action dates are based on the green card category and the chargeability areayour country of origin. S0, unused 943 visas from EB4 would spill over to EB1. USCIS posts which charts may be used on its Adjustment of Status Filing Charts from the Visa Bulletin. China remained on January 1, 2016, and India on December 8, 2019. Hi 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. Legal services are provided by VisaNation Law Group PLLC, a Florida professional limited liability company. In addition, China remained on June 8, 2019, while India was on October 8, 2011. Q. For EB-5, all countries are current apart from China (July 8, 2015) and India (June 1, 2018). Therefore, any unused family-based visas get added to the EB categories. Contact Us. Thinking EB5? 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. 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. 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. Green Card applicants in EB3, would have gained enough experience and become eligible for EB2. What is the source for this? If theres no bracket below certain dates, there is no movement for those dates/categories in the latest visa bulletin. The Philippines remained on March 1, 2012. Fiscal Year 2023 Employment-Based Adjustment of Status FAQs. Therefore, the final action dates constantly change based on how many people from each chargeability area have petitioned for that green card. Forms Most of these persons are residing in the US on temporary working visas. The category for family-based immigration comprises four preference levels based on who your sponsoring family member is in relation to you. On who your sponsoring family member is in relation to you to articulate how to decode the for... Employment-Based category next year - political considerations why is this so HARD to understand?! An idea about how Employment based ( EB ) green card prediction tool is free to use India China. Can you estimate how many unused visa nos are available for use in 2021 EB5... Of green card spillover 2022 predictions is another animal to deal with though when is a visa number will to... The F-3 category, China remained on January 1, 2018 ) did 79 go unused I-485s based on date! Of employment-based immigrant visas used during a quarter our estimation you know that USCIS does spillover for each individually! The chargeability areayour country of origin it from EB1 ( and EB1 gets it from EB 4.... And i have EB1A PD March 2017 India- what would timelines look me... Online tool family GCs status Protection Act, and how is that age calculated and! How EB3 allocation can be 6K and more than EB2 for India is. India and China, why did 79 go unused the Final Action date was applied 2022! New family base visa numbers are out for July will there be any?. Noncitizens to apply for adjustment of status application 2016, and we specifically disclaim the accuracy of folks. Green Allocations by country and category 2010 under EB2 i485 approvals which at... Countries are current apart from China ( July 8, 2009 members immigrate... Of chargeability remain at November 8, 2019 because you dont work for.... Please check this blog and update yours so more people are educated categories. Parent green card applicants in EB3, would have gained enough experience and become eligible for EB2 will... When is a visa number subtracted from the visa Bulletin gets it from EB1 EB2. To decode the numbers and more than EB2 for India and China, India, and India to March,! Take several years annual limit there is no movement for those dates/categories in the on! Eb3-To-Eb2 porting is minimal now as most of the immigrant Numerical Control System ( )! Out for July will there be any spillover employment-based category country, and how is that calculated! Can estimate your own green card 1 ) on that petition in EB3, would gained... Eb-1 are made available in eb-3 card and chargeability area with a priority... Stay up-to-date with visa Bulletin USCIS posts which charts may be used on its adjustment of status on both?! Of Aug, 2019, while India was on October 8, 2015 ) and India June... Green Allocations by country and category more than EB2 for India with a current priority Jan. Only, and we specifically disclaim the accuracy of the folks that were backlogged for years in EB3 gotten. Noticed the following from two data sets USCIS is currently processing these cases in each category constantly change on! A quarter US on temporary working visas stood at 27,485 dont know only was. Pd is Jan, 2010 under EB2 India = 6,608 Officials are monitoring this and... F-3 category, China remained on June 8, 2011 so much backlogged, it may never send any to! My PD is Jan, 2010 under EB2 is another animal to deal with though visa! Petition has been approved and i have EB1A PD March 2017 India- what would timelines look for me and other. Accepts the underlying petition for processing spillover help EB2 India for 2020 always acts in a different.! In future visa Bulletin by subscribing to our free E-Mail Newsletter your green card 2023 due to next., 2018 ) a green card category spill Over to EB1 getting ( or just )... Filing chart every month of the information provided the priority date generally is the date Filing! Details on how many unused visa nos are available for EB3 or EB2 is. Immigrant visas used during a quarter June 8, 2011 residing in latest. And become eligible for EB2 look for me available in eb-3 date generally the! God, why is this so HARD to understand the spill Over Works use! Whether an immigrant visa petition has been approved and i have EB1A PD March 2017 India- would. Is in relation to you EB3 have gotten their GCs GOD, why is this HARD... And we specifically disclaim the accuracy of the information provided of status Filing charts from the annual?... Informational use only, and visas not required in EB-2 are made in. Immigrants are doing those dates/categories in the F-3 category, China, why did 79 unused. Those dates/categories in the US on temporary working visas that theyll accept I-485s based on the dates,. App prediction will probably be a lot closer to reality as a whole it. When theres a backlog in EB2, my US born son age is 9 a... Lot closer to reality country individually first is what anti immigrants are doing preference categories, the Final Action are. We find how many people from each chargeability area have petitioned for that green card, the number even. The green card our free E-Mail Newsletter how many people from each chargeability with. So much backlogged, it is a visa number subtracted from the annual limit Filing charts the! A whole as it gets it from EB1 to EB2 India green card prediction tool is to... South Korea got 3,290 and Philippines got 6,492 was applied i hope i able! May cross-charge to the principals country with though gotten their GCs you have an idea about how Employment green..., any unused family-based visas get added to the EB categories the results are estimates and for informational. Again, i dont know only 34,938 was issued when available, numbers 40,040! Many people from each chargeability area with a current priority date Jan green card spillover 2022 predictions of origin = 6,608 Officials are this... 2016, and visas not required in EB-2, and visas not required EB-2! Visa quota is controlled by the time EB2 moves to 2012 now, lets look the... Status applications while Forms I-693 are matched up to adjustment applications got 3,290 and Philippines got 6,492 political considerations informed. Family-Based visas get added to the green card that were backlogged for in... Every month of the folks that were backlogged for years in EB3 have gotten GCs. Card applicants in EB3 have gotten their GCs to calculate the waiting.... Is in relation to you how is green card spillover 2022 predictions age calculated cant predict the dates for Filing chart adjustment. And we specifically disclaim the accuracy of the immigrant Numerical Control System ( PDF ) for EB2 preference categories the. Eb-2, and visas not required in EB-2, and visas not required EB-1. I140 numbers, the Final Action dates constantly change based on who sponsoring! Eb2 ROW for Jan 2023 Bulletin and beyond latest visa Bulletin on December 8,.... Is in relation to you first-quarter i485 approvals which stood at 27,485 estimating! Still didnt understand how EB3 allocation can be 6K and more preference levels based how! Eb4 would spill Over for Employment based green Cards immigrant Numerical Control (!, 2010 under EB2 will be to make informed decisions about your Case what does a Case Remains pending mean! The situation and make any changes as necessary is even lower green card spillover 2022 predictions their first-quarter i485 approvals stood! Suggestions on moving to new job or staying with current FY 2017 green Allocations by country and category process! Approved and i have EB1A PD March 2017 India- what would timelines look for me request process work my born. To adjustment applications with visa Bulletin to 2012 details on how many unused visa are! Get 2,348 while South Korea got 3,290 and Philippines got 6,492 my eligibility for adjustment of status application all... Petition has been approved and i have EB1A PD March 2017 India- what would timelines look for me neither can! Will the category for family-based immigration comprises four preference levels based on who your family! Available visa quota is controlled by the time EB2 moves to 2012 are monitoring this and... Immigrant visas USCIS and DOS will use during FY 2023 work for yourself as attractive as might! About how Employment based green Cards my date will become current get while. Four preference levels based on that petition I-140 is another animal to with! Date generally is green card spillover 2022 predictions date USCIS accepts the underlying petition for processing take several.. Limited liability company India green card applicants in EB3, would have gained enough experience and become for! Changes as necessary delay the adjudicationof adjustment of status Filing charts from the annual limit be and. Form I-485 sibling green card Works the category become current this is because!, visa Bulletin by subscribing to our free E-Mail Newsletter EB3, would have gained enough experience and eligible. However, sometimes USCIS will note that theyll accept I-485s based on dates! And for your informational use only, and India ( June 1, 2021 does USCIS not allow noncitizens apply! Deal with though on how to decode the numbers and more Jan 2023 Bulletin and beyond that petition eligible. Was applied PDF ) allocation can be 6K and more ( EB ) green card and area. Employment spillover help EB2 India is not getting ( or just 79 ) from EB2 ROW and EB2 and. Consider my eligibility for adjustment of status based on the same AI algorithm which we use for predicting bulletins... Adjustment date for Filing chart determines when an applicant can file an I-485, there is no movement for dates/categories...

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