EB2-3 Predictions (Rather Calculations)

[A0000Z]

Gurus, Any thoughts on filing date movement after USCIS's recent reports?

[Sebiswaiting]

Frankly, there the time varies widely in these two years. You should have sent your medical with 485, which could have made it faster, without need for a RFE.

I would have recommended interfiling medical voluntarily like many did last fiscal , but USCIS has stated that it may cause slow down this year as docs are moving fast between offices. So only thing you can do now is wait for few weeks, and may be try chit chating with Emma.




You are correct. I apologize. I meant I applied for I485J. I have the I693 ready, but I`m waiting for an RFE. I was hoping to get a time estimate for the RFE.

[san_archer]

Frankly, there the time varies widely in these two years. You should have sent your medical with 485, which could have made it faster, without need for a RFE.

I would have recommended interfiling medical voluntarily like many did last fiscal , but USCIS has stated that it may cause slow down this year as docs are moving fast between offices. So only thing you can do now is wait for few weeks, and may be try chit chating with Emma.

@Sebiswaiting The attorney was adamant about not wanting to send the Medicals along with 485J. I`ll wait for 8 weeks and then try contacting Emma. Thanks for your response.

[gsingh]

485J Question 9

Basic Information About Your Form I-485 and the
Underlying Form I-140


7.Form I-485 Receipt Number (if already filed with U.S.
Citizenship and Immigration Services (USCIS))

8.Form I-485 Filing Date (mm/dd/yyyy) (if already filed
with USCIS)

9. Form I-140 Receipt Number

Experts ,
I realized that in the 485j for the transfer of underlying basis request , attorney put in the EB3 I-140. I wonder if it should be EB2 I-140 instead?
I was told by the attorney that it has to be the current underlying 140 and the request for transfer to EB2 is in the TUB letter. I am not sure if that is correct.
Shouldn't the 485j be the evidence that the EB2 job is still available ?

Does others who interfiled remember which I140 was used on 485j ?

Appreciate your inputs.

[montyp80]

485J Question 9

Basic Information About Your Form I-485 and the
Underlying Form I-140


7.Form I-485 Receipt Number (if already filed with U.S.
Citizenship and Immigration Services (USCIS))

8.Form I-485 Filing Date (mm/dd/yyyy) (if already filed
with USCIS)

9. Form I-140 Receipt Number

Experts ,
I realized that in the 485j for the transfer of underlying basis request , attorney put in the EB3 I-140. I wonder if it should be EB2 I-140 instead?
I was told by the attorney that it has to be the current underlying 140 and the request for transfer to EB2 is in the TUB letter. I am not sure if that is correct.
Shouldn't the 485j be the evidence that the EB2 job is still available ?

Does others who interfiled remember which I140 was used on 485j ?

Appreciate your inputs.

From what I have seen most people do is to put EB2I140 number in the 485j. Not sure why your attorney put EB3I140 because that defeats the purpose of requesting for transfer of the underlying basis. Is there any reference to previously approved EB2I140 in your request letter?

[gsingh]

From what I have seen most people do is to put EB2I140 number in the 485j. Not sure why your attorney put EB3I140 because that defeats the purpose of requesting for transfer of the underlying basis. Is there any reference to previously approved EB2I140 in your request letter?

Interfile request letter has a reference of previously approved EB2I140. 485j was approved about 20 days ago and 485 changed to 'visa number regressed' and was sent back to NBC from the FO.
Some say that it's a normal procedure and it will still be reviewed /adjudicated this fiscal.
I am wondering if I should instead submit a new 485j with eb2 I-140.

[montyp80]

Interfile request letter has a reference of previously approved EB2I140. 485j was approved about 20 days ago and 485 changed to 'visa number regressed' and was sent back to NBC from the FO.
Some say that it's a normal procedure and it will still be reviewed /adjudicated this fiscal.
I am wondering if I should instead submit a new 485j with eb2 I-140.

There are a lot of people stuck in 'Case remains pending' status, which also means 'visa regressed'. I would say you should be fine. They might issue RFE for 485j. Its very likely you will be adjudicated this FY.

[montyp80]

@Sebiswaiting The attorney was adamant about not wanting to send the Medicals along with 485J. I`ll wait for 8 weeks and then try contacting Emma. Thanks for your response.

If you sent the 485j and TUB request to CA address then your attorney did right by not sending medicals along with. If your case is still at Nebraska, you can send in your medicals there and it will have a higher possibility of getting attached to 485. But beware, it may also impact the transfer of your case out of Nebraska to NBC. It's a tough call but if I were you, I would still take the chance with interfiling medicals considering we are in the end game now!

[gsingh]

There are a lot of people stuck in 'Case remains pending' status, which also means 'visa regressed'. I would say you should be fine. They might issue RFE for 485j. Its very likely you will be adjudicated this FY.
You are right. Many are stuck in CRP/Visa regressed state. However it's not clear if most of the them have the 485j approved.
Lawyer agreed to send another 485j with EB2 140.Let's see if that helps.

[Viswanath]

Hi All,

I have been a long time reader of this forum and first time poster. Happy to share after almost a decade from starting the process my 485 status moved to "New Card is being Produced" today. I learnt a ton about US immigration over the years from this forum. My special thanks to Q, Spectator, Aceman and YTEleven for sharing your thoughts, data and predictions over the years.

My timeline -

PD: Aug 8th 2013
485 filing Date: Oct 29th 2020
EB3 140 approval: 16th Aug 2021 (downgrade)
Interfiled Medicals to Nebraska: September 2021
485 J Filing Date: 8th June 2022 (back to eb2)
Case transferred to NBC: 14th July 2022
Move to FO: Was in transit to Sacremento FO around July 19th 2022 but landed in Fresno FO on August 1st 2022
485 approval for primary: 4th Aug 2022
485 dependents remains in ?Case Transferred Status?

Feel lighter in thoughts after seeing the status update .. one less thing to worry

[sushi2012]

Does anybody have any insight wrt speaking with USCIS to get my case transferred from Nebraska to NBC? Can I get Emma to connect me to an agent or is there any other way?

[monsieur]

Does anybody have any insight wrt speaking with USCIS to get my case transferred from Nebraska to NBC? Can I get Emma to connect me to an agent or is there any other way?

You can't request case transfer. Its an internal thing and we don't have any say in it.

[montyp80]

You are right. Many are stuck in CRP/Visa regressed state. However it's not clear if most of the them have the 485j approved.
Lawyer agreed to send another 485j with EB2 140.Let's see if that helps.

I might have to check again but as far as I know, there is no fixed trend that 485j are approved way before 485. Most cases that I have seen, 485j was approved within 1 or 2 days of 485 getting approved.

If your lawyer agrees to send another 485j then that's great. Good luck.

[GCMirage]

WKD request usually works in the favor of the beneficiary, so it's a good thing Tier 2 officer did that for you. The only issue that I see is that your case is probably with NSC and we don't know what could possibly trigger the transfer. This is where the WKD request may or may not help. But with PD of 2012, I think you have extremely good chances of getting greened before Oct 22.

Update:
It has been ~6 weeks since WKD request was opened and the SLA is to respond within 14 days, but the ticket is still lying in the Qs and has NOT even been assigned to an agent. Meanwhile an inquiry from local congresswoman received this response:

?Thank you for your inquiry regarding this constituent?s immigration matter. Our review indicates that this I-485J application is pending at the National Benefits Center. Due to the nature of these types of applications, we are unable to provide an approximate timeframe of the review and these cases do not have a posted processing time listed on our USCIS website. However, we assure you that this case will be adjudicated as quickly as available resources allow.

USCIS systems indicate this constituent?s I-485 is currently pending at the Nebraska Service. The National Benefits Center (NBC) serves as a central facility for the pre-processing of Forms that require an interview, such as I-485s and N-400s. Your constituent's Form I-485 is awaiting transfer to the NBC from the Service Center for regular adjustment of status pre-processing. Once further action is taken, a notice will be sent to the address of record.?

Bottomline, inspite of doing everything right and I was left out of the covid bounty of GCs. Agreed, Aug-2012 is not a bad PD, the wait continues....

Question for experts:

As my original employer got acquired in 2021, a Job Portability request 485J was filed in April 2022 and Transfer or Underlying basis filed in May 2022. Folks who filed TUB after I did had movement in their cases but somehow mine did not see any activity. That made me wonder if the reason could be because of the Job Portability filing which done prior to the TUB. I have asked my attorney if that maybe the reason and the response I received was that is hard to tell, job portability is either processed at the same time as 485 or before.

1) Could Job Portability filing have completely halted by TUB request?

2) There are potentially 1000s of TUB still waiting to processed, wondering how GC allocations will done during next fiscal year, would be based on pending TUB or USCIS will conveniently ignore TUB filing and leave all the applications from 2011/12 out in the dark for years?

[sushi2012]

My date is right after yours.. and this line of yours sums up a lot of people
"Bottomline, inspite of doing everything right and I was left out of the covid bounty of GCs. Agreed, Aug-2012 is not a bad PD, the wait continues...."

[montyp80]

Update:
It has been ~6 weeks since WKD request was opened and the SLA is to respond within 14 days, but the ticket is still lying in the Qs and has NOT even been assigned to an agent. Meanwhile an inquiry from local congresswoman received this response:

?Thank you for your inquiry regarding this constituent?s immigration matter. Our review indicates that this I-485J application is pending at the National Benefits Center. Due to the nature of these types of applications, we are unable to provide an approximate timeframe of the review and these cases do not have a posted processing time listed on our USCIS website. However, we assure you that this case will be adjudicated as quickly as available resources allow.

USCIS systems indicate this constituent?s I-485 is currently pending at the Nebraska Service. The National Benefits Center (NBC) serves as a central facility for the pre-processing of Forms that require an interview, such as I-485s and N-400s. Your constituent's Form I-485 is awaiting transfer to the NBC from the Service Center for regular adjustment of status pre-processing. Once further action is taken, a notice will be sent to the address of record.?

Bottomline, inspite of doing everything right and I was left out of the covid bounty of GCs. Agreed, Aug-2012 is not a bad PD, the wait continues....

Question for experts:

As my original employer got acquired in 2021, a Job Portability request 485J was filed in April 2022 and Transfer or Underlying basis filed in May 2022. Folks who filed TUB after I did had movement in their cases but somehow mine did not see any activity. That made me wonder if the reason could be because of the Job Portability filing which done prior to the TUB. I have asked my attorney if that maybe the reason and the response I received was that is hard to tell, job portability is either processed at the same time as 485 or before.

1) Could Job Portability filing have completely halted by TUB request?

2) There are potentially 1000s of TUB still waiting to processed, wondering how GC allocations will done during next fiscal year, would be based on pending TUB or USCIS will conveniently ignore TUB filing and leave all the applications from 2011/12 out in the dark for years?

1. I don't think so. But I see from your earlier message that you only sent TUB request at CA address and if that's the case then very likely your TUB request has not been processed because USCIS specifically asked to send both 485j and TUB at the CA address. I would recommend sending both TUB + 485j right away to CA address and also only TUB request to the center where your 485 is pending.
2. Yes there are still many to be processed but I see a lot of approvals for downgraders from 2011/12/13. So definitely USCIS processing quite a few interfilers already

[LeoAugust]

Gurus,

Any idea, If NBC can adjudicate the case without sending to FO? My application is at NBC from Apr-4 and yet to move to any FO.

Thanks

[Prabhas]

Guys - Just to close the loop on this topic. Finally it all went well ( my BIL and sister got their GCs in time) but perhaps dropping few details here that may help others who are stranded with similar delays.

Brother In Law EB2 Priority : 11th May,2011.
I485 application date : 20th Aug,2021.
I485 approval notice date : 11th June , 2022.

After this a physical green card did not arrive until 11th July, 2022. This caused curiosity, as we have been seeing delays in card printing and in some cases it is taking months. So my BIL was a bit anxious to get his card in hand before this urgent travel. So we reached out to Senator offices and we got a standard response that we will have to wait for 4 weeks to raise any requests. Similar response was meted from USCIS offices as well. He had his EAD/AP combo which was valid till end of 2023 and the USCIS officer mentioned he could go on the trip using his EAD/AP but could not point us to a document where this clause ( sweet-pot per Q, ie I485 approved but no GC in hand) is specifically mentioned. We spoke with one of the legal firms and there was no concrete response from them either. One advice was to call CBP and check there wont be any issues if the card wont arrive by the time of his return date. CBPs response was sort of assuring that EAD/AP can be used and that I485 document of approval and employment letter should be readily available should the officer require them. So he was ready on his trip but I somewhere felt perhaps a service ticket may do the trick and it did indeed. Though the general asking time to wait for 4 weeks before we can raise a request on latest LUD, I took a different route and basically raised a request asking for I485 status expedite/update. We got the standard response after 4 days that I485 is approved and we have to wait for the card. Immediately later that evening we got a email that card is being produced. Bingo!! So basically there appears some hold up of sort ( may be bad system programming?) that some ma need that extra push to complete the process. There was a mass travel exodus this July to India , so one of his neighbors took the cards with him and handed them over in India. So should anyone be stuck in similar situation, just go ahead and raise a service request and it should click. It worked for my BIL, sister and nephew and I485 is generally treated individually for each applicant. It took couple more weeks for my sister and nephew as we did not raise their service requests same time as my BIL.

Hope this helps!

Congratulations to all those we got their green cards recently!

P

[Prabhas]

I believe we are talking about a sweet problem here. I don't see any problem. He can simply use the AP to enter. Only if the CBP officer is sadist he might have some trouble. I would not worry a thing.

Once - before my own GC approval - the CBP officer looks into the system and says to me - oh you are almost there and just lets me get out of the airport without any further questions. So the key to avoid trouble is two fold - ensure you have done everything right way and then be respectful to the officer.

Guys - Just to close the loop on this topic. Finally it all went well ( my BIL and sister got their GCs in time) but perhaps dropping few details here that may help others who are stranded with similar delays.

Brother In Law EB2 Priority : 11th May,2011.
I485 application date : 20th Aug,2021.
I485 approval notice date : 11th June , 2022.

After this a physical green card did not arrive until 11th July, 2022. This caused curiosity, as we have been seeing delays in card printing and in some cases it is taking months. So my BIL was a bit anxious to get his card in hand before this urgent travel. So we reached out to Senator offices and we got a standard response that we will have to wait for 4 weeks to raise any requests. Similar response was meted from USCIS offices as well. He had his EAD/AP combo which was valid till end of 2023 and the USCIS officer mentioned he could go on the trip using his EAD/AP but could not point us to a document where this clause ( sweet-pot per Q, ie I485 approved but no GC in hand) is specifically mentioned. We spoke with one of the legal firms and there was no concrete response from them either. One advice was to call CBP and check there wont be any issues if the card wont arrive by the time of his return date. CBPs response was sort of assuring that EAD/AP can be used and that I485 document of approval and employment letter should be readily available should the officer require them. So he was ready on his trip but I somewhere felt perhaps a service ticket may do the trick and it did indeed. Though the general asking time to wait for 4 weeks before we can raise a request on latest LUD, I took a different route and basically raised a request asking for I485 status expedite/update. We got the standard response after 4 days that I485 is approved and we have to wait for the card. Immediately later that evening we got a email that card is being produced. Bingo!! So basically there appears some hold up of sort ( may be bad system programming?) that some ma need that extra push to complete the process. There was a mass travel exodus this July to India , so one of his neighbors took the cards with him and handed them over in India. So should anyone be stuck in similar situation, just go ahead and raise a service request and it should click. It worked for my BIL, sister and nephew and I485 is generally treated individually for each applicant. It took couple more weeks for my sister and nephew as we did not raise their service requests same time as my BIL.

Hope this helps!

Congratulations to all those we got their green cards recently!

P

[montyp80]

Gurus,

Any idea, If NBC can adjudicate the case without sending to FO? My application is at NBC from Apr-4 and yet to move to any FO.

Thanks

Yes, they do approve cases without sending them to FO. But those numbers are pretty low.

[GCMirage]

1. I don't think so. But I see from your earlier message that you only sent TUB request at CA address and if that's the case then very likely your TUB request has not been processed because USCIS specifically asked to send both 485j and TUB at the CA address. I would recommend sending both TUB + 485j right away to CA address and also only TUB request to the center where your 485 is pending.
2. Yes there are still many to be processed but I see a lot of approvals for downgraders from 2011/12/13. So definitely USCIS processing quite a few interfilers already


I was reviewing the 2 485j (job portability in Apr 2022 and transfer of underlying basis 485J in May 2022) and they both appear to be very similar in my case.

Question for those who filed TUB from EB3 to EB2: Along with the 485J , did you attorney enclose a letter or something to clearly indicate to USCIS that this is a TUB request? The reason I ask is because my attorney had a letter of support from my employer for the Job Portability application but not for TUB filing.

[Positive]

yes, besides the 485j (which cited EB2 I-140 as the underlying basis for the I-485) they prepared a letter for my signatures that clearly requested TUB. if your 485j is already acknowledged but there was no TUB letter, I suggest that you send one with copy of the 485j receipt to the original service center. that is what the uscis faq says to do.

[GCMirage]

@Positive Can you please share the uscis weblink for the FAQs ? My attorney's said that they followed the process only sent the TUB to Mont Claire CA address and I should send a copy to NSC if I like to.

[Positive]

@Positive Can you please share the uscis weblink for the FAQs ? My attorney's said that they followed the process only sent the TUB to Mont Claire CA address and I should send a copy to NSC if I like to.

The question is whether the Employer's attorney (they pretend and are legally your attorneys but they usually don't behave like it) sent a clear Transfer of underlying basis request on your behalf? If they didn't, then there is a problem. Check the USCIS FAQ for EB.

[Positive]

@Positive Can you please share the uscis weblink for the FAQs ? My attorney's said that they followed the process only sent the TUB to Mont Claire CA address and I should send a copy to NSC if I like to.

How does the new transfer of underlying basis request process work, particularly as individuals consider the large forward movement of the India EB-2 Final Action Date in the June 2022 Visa Bulletin?

We have created a new centralized location for the receipt of transfer of underlying basis requests between the employment-based preference categories that are accompanied by a Form I-485 Supplement J. You may submit your written request and completed Supplement J to:

Attn: I-485 Supp J
U.S. Department of Homeland Security
USCIS Western Forms Center
10 Application Way
Montclair, CA 91763-1350

You should only send transfer requests accompanied by a Supplement J to this address, and you should not send other forms, documents, or evidence to this address.

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.https://www.uscis.gov/green-card/green-card-processes-and-procedures/fiscal-year-2022-employment-based-adjustment-of-status-faqs

[sushi2012]

My date is right after yours.. and this line of yours sums up a lot of people
"Bottomline, inspite of doing everything right and I was left out of the covid bounty of GCs. Agreed, Aug-2012 is not a bad PD, the wait continues...."

Just a quick update, our application was transferred to NBC a couple of weeks ago and is at a FO now.

[qesehmk]

... they pretend and are legally your attorneys but they usually don't behave like it...

I totally second this.

[GCMirage]

Just a quick update, our application was transferred to NBC a couple of weeks ago and is at a FO now.

Nice! You may likely make the cut this fiscal year. All the best!

No movement here, still stuck at Nebraska. My hunch is that for some reason my TUB is being ignored, either because the attorneys did not do the filing right or it was logged incorrectly into the USCIS system. Which means my 485 is bundled up as a EB3 and will keep collecting dust until Aug 2012 becomes current in EB3. As a Hail Mary attempt, I sent a TUB letter to Nebraska yesterday! The saga continues...

[Positive]

Nice! You may likely make the cut this fiscal year. All the best!

No movement here, still stuck at Nebraska. My hunch is that for some reason my TUB is being ignored, either because the attorneys did not do the filing right or it was logged incorrectly into the USCIS system. Which means my 485 is bundled up as a EB3 and will keep collecting dust until Aug 2012 becomes current in EB3. As a Hail Mary attempt, I sent a TUB letter to Nebraska yesterday! The saga continues...
Send one to Montclair address with the 485j receipt. Texas and Nebraska are the hellholes everything goes to die at.

[SG2020]

Hi all -

Wanted to share my situation with this group and hopefully get some insights as I am not sure what to make of it all.

High level timeline:
Nov 2020: EB2 >> EB3 downgrade
Mid 2021: I-140 approved through PP.
Sep 2021: Biometrics for me and my wife in Sep 2021. Her online case history mentions that 'fingerprints were taken' but mine doesn't.
April 2022: EAD/AP received as a result of a lawsuit I joined.
April 2022: Application transferred to NBC and then to FO/Orlando.
May 2022: RFE received for medicals, birth certificate, marriage, and lawful presence. RFE response delivered on July 22.
Aug 1, 2022: Online update to I-131 to show "fingerprints relating to your Form I-131, Application for Travel Document, Receipt Number SRC2190******, have been applied to your case."

Today, I received another biometrics appointment! My appointment in 2021 was also for Code 3. Also, the appointment letter came from NBC/ Lee?s Summit, MO but the notice shows Service Center as TSC.

Any thoughts on what could be going on?

[Positive]

Hi all -

Wanted to share my situation with this group and hopefully get some insights as I am not sure what to make of it all.

High level timeline:
Nov 2020: EB2 >> EB3 downgrade
Mid 2021: I-140 approved through PP.
Sep 2021: Biometrics for me and my wife in Sep 2021. Her online case history mentions that 'fingerprints were taken' but mine doesn't.
April 2022: EAD/AP received as a result of a lawsuit I joined.
April 2022: Application transferred to NBC and then to FO/Orlando.
May 2022: RFE received for medicals, birth certificate, marriage, and lawful presence. RFE response delivered on July 22.
Aug 1, 2022: Online update to I-131 to show "fingerprints relating to your Form I-131, Application for Travel Document, Receipt Number SRC2190******, have been applied to your case."

Today, I received another biometrics appointment! My appointment in 2021 was also for Code 3. Also, the appointment letter came from NBC/ Lee?s Summit, MO but the notice shows Service Center as TSC.

Any thoughts on what could be going on?
Call up USCIS and ask them what's going on. Ask for a supervisor if the rep isn't able to give you a good answer. If all else fails, raise a Service request for USCIS error. If the appointment is for some time in September make sure to get it done asap so you may still have a chance to get approval.

[gsingh]

Folks on this forum - you have probably heard that the visa numbers for this FY have been used in EB1 and EB2.
Wondering if we have any number crunchers who can guestimate the SO for the next year and the retrogression for Oct 2022 (with and without any SO)?

[sushi2012]

Folks on this forum - you have probably heard that the visa numbers for this FY have been used in EB1 and EB2.
Wondering if we have any number crunchers who can guestimate the SO for the next year and the retrogression for Oct 2022 (with and without any SO)?

Stunning sequence of events. I guess my FO transfer was too late. Who knows when my date will be current again.. hopefully it is this calendar year but I wouldn't be surprised if I needed to wait a couple more years :(

[Sebiswaiting]

DoS helped with an actual Oct bulletin .. as it seems they don't want guestimates !!
Dates moved back 2012 April.
I don't know if this will be updated in Nov, but they haven't given any such indication.

There are close to 60k inventory in eb2, eb3. It is safe to assume that most of these are EB india cases. With 6k annual processing, it may take upto 10 years to clear till 1Jan 2015. I want to wish that there is horizontal spillover each year, but ROW and EB1 demand this year doesn't indicate that.
Considering some additional visas here and there, I feel it will take 6-9 years to clear EB2, EB3 India till Jan1 2015. There will be some new filers on top of that inventory.



Folks on this forum - you have probably heard that the visa numbers for this FY have been used in EB1 and EB2.
Wondering if we have any number crunchers who can guestimate the SO for the next year and the retrogression for Oct 2022 (with and without any SO)?

[gsingh]

DoS helped with an actual Oct bulletin .. as it seems they don't want guestimates !!
Dates moved back 2012 April.
I don't know if this will be updated in Nov, but they haven't given any such indication.

There are close to 60k inventory in eb2, eb3. It is safe to assume that most of these are EB india cases. With 6k annual processing, it may take upto 10 years to clear till 1Jan 2015. I want to wish that there is horizontal spillover each year, but ROW and EB1 demand this year doesn't indicate that.
Considering some additional visas here and there, I feel it will take 6-9 years to clear EB2, EB3 India till Jan1 2015. There will be some new filers on top of that inventory.

Ha.. Do you have an idea on the movement in the upcoming months? Could the dates potentially retrogress further or can we assume that DOS/USCIS did their math right.
I missed the FAD by 16 days. Trying to get a sense if I will be current in a couple of months or could it a year or more ?
What a mess the last 2 years have been. USCIS has had no regard of the PD or the RD while processing the cases.

[Jp123456]

Help needed - Folks my PD is sep 2011, latest 485 filing was EB3 in 2021, i didn't interfile and this month gave up hope waiting in EB3 and planned on interfiling to EB2, is it a sensible move, pls advise. it is going to be 20 years in this country and following rules!!!! so frustrated with the overall immigration process as everyone else visiting this forum. Pls advise

[Sebiswaiting]

I don't think that the dates will retrogress further. This is considering that they have idea about pending inventory.

If your PD is between FD and FAD, then I feel you should be current before Oct 2023. But again this is just guess work.
Also considering the low number of visas, I hope they are able to clear the the files till the FAD.

I saw somewhere that there is approx 50-60k spillover, but that may not be significant for EB2, EB3 INDIA, considering EB1 usage and EB2/3 ROW demand is high. So minimal vertical/horizontal spillover.

BTW.. our PD is Dec 2014, missed the earlier dates by 19 days or so!! And now we have to wait for many years before we can file 485.


Ha.. Do you have an idea on the movement in the upcoming months? Could the dates potentially retrogress further or can we assume that DOS/USCIS did their math right.
I missed the FAD by 16 days. Trying to get a sense if I will be current in a couple of months or could it a year or more ?
What a mess the last 2 years have been. USCIS has had no regard of the PD or the RD while processing the cases.

[android09]

I don't think that the dates will retrogress further. This is considering that they have idea about pending inventory.

If your PD is between FD and FAD, then I feel you should be current before Oct 2023. But again this is just guess work.
Also considering the low number of visas, I hope they are able to clear the the files till the FAD.

I saw somewhere that there is approx 50-60k spillover, but that may not be significant for EB2, EB3 INDIA, considering EB1 usage and EB2/3 ROW demand is high. So minimal vertical/horizontal spillover.

BTW.. our PD is Dec 2014, missed the earlier dates by 19 days or so!! And now we have to wait for many years before we can file 485.

From https://www.uscis.gov/green-card/green-card-processes-and-procedures/fiscal-year-2023-employment-based-adjustment-of-status-faqs

It appears, USCIS is expecting 60,000 spillover to the EB Categories. That translates to 17160 green cards for EB1,2,3 and 4260 for EB4 and EB5. If the 7% country quota is applied then, 1201 extra green cards per category for EB1,2,3. Adding the regular 2800 quota, EB2 and EB2 I will stand to have 4000 GC for FY2023. Assuming horizontal and vertical spillover of about 90% and 80% for EB2I from EB2 row & EB1, approximately 27k spillover should come to EB2 and about 15k to EB3I. I haven?t factored any spillover from EB4 and EB5 and assumed there will only be horizontal spillover for EB3.

[gsingh]

I don't think that the dates will retrogress further. This is considering that they have idea about pending inventory.

If your PD is between FD and FAD, then I feel you should be current before Oct 2023. But again this is just guess work.
Also considering the low number of visas, I hope they are able to clear the the files till the FAD.

I saw somewhere that there is approx 50-60k spillover, but that may not be significant for EB2, EB3 INDIA, considering EB1 usage and EB2/3 ROW demand is high. So minimal vertical/horizontal spillover.

BTW.. our PD is Dec 2014, missed the earlier dates by 19 days or so!! And now we have to wait for many years before we can file 485.

That must be very disheartening. I am assuming your underlying petition is in EB3 because if it is in EB2, you still have time to file until end of this month or until USCIS updates the Sept VB. Filling date in EB2 is Jan 2015.

[gsingh]

From https://www.uscis.gov/green-card/green-card-processes-and-procedures/fiscal-year-2023-employment-based-adjustment-of-status-faqs

It appears, USCIS is expecting 60,000 spillover to the EB Categories. That translates to 17160 green cards for EB1,2,3 and 4260 for EB4 and EB5. If the 7% country quota is applied then, 1201 extra green cards per category for EB1,2,3. Adding the regular 2800 quota, EB2 and EB2 I will stand to have 4000 GC for FY2023. Assuming horizontal and vertical spillover of about 90% and 80% for EB2I from EB2 row & EB1, approximately 27k spillover should come to EB2 and about 15k to EB3I. I haven?t factored any spillover from EB4 and EB5 and assumed there will only be horizontal spillover for EB3.

Are the 1201 extra visas from the FB spillover available at the start of the FY ? I believe the horizontal and vertical SP from other EB categories wait until Q4. Is that understanding correct ?

[Sebiswaiting]

EB2, but date is in 3rd week of dec. Current FAD is Dec1.


That must be very disheartening. I am assuming your underlying petition is in EB3 because if it is in EB2, you still have time to file until end of this month or until USCIS updates the Sept VB. Filling date in EB2 is Jan 2015.

[android09]

I don't think that the dates will retrogress further. This is considering that they have idea about pending inventory.

If your PD is between FD and FAD, then I feel you should be current before Oct 2023. But again this is just guess work.
Also considering the low number of visas, I hope they are able to clear the the files till the FAD.

I saw somewhere that there is approx 50-60k spillover, but that may not be significant for EB2, EB3 INDIA, considering EB1 usage and EB2/3 ROW demand is high. So minimal vertical/horizontal spillover.

BTW.. our PD is Dec 2014, missed the earlier dates by 19 days or so!! And now we have to wait for many years before we can file 485.


Are the 1201 extra visas from the FB spillover available at the start of the FY ? I believe the horizontal and vertical SP from other EB categories wait until Q4. Is that understanding correct ?

Yes, the 1201 extra cards are available right away for USCIS to assign to cases. Whether they do or decide to split it over quarters, I don?t know.

[Sebiswaiting]

I hope that EB2I EB3I gets such numbers, but highly unlikely. This year, available count was much higher, and yet EB1 got over in Sept, so no vertical spillover. Similarly ROW demand was super high in EB3 causing EB3I to get 12.7k slots. So with less number of total visa available in 23, EB3 would get much less than what you are considering .
Not trying to portray a pessimistic view here, but historical data doesn't show a rosy picture.

Consider this, in pre covid years ..2019, 2018 etc all, EB2 I wasn't getting any significant vertical or horizontal spillover.. as India EB1 applications are usually higher than annual quota , which is why there was a backlog in EB1 till 2020.



From https://www.uscis.gov/green-card/green-card-processes-and-procedures/fiscal-year-2023-employment-based-adjustment-of-status-faqs

It appears, USCIS is expecting 60,000 spillover to the EB Categories. That translates to 17160 green cards for EB1,2,3 and 4260 for EB4 and EB5. If the 7% country quota is applied then, 1201 extra green cards per category for EB1,2,3. Adding the regular 2800 quota, EB2 and EB2 I will stand to have 4000 GC for FY2023. Assuming horizontal and vertical spillover of about 90% and 80% for EB2I from EB2 row & EB1, approximately 27k spillover should come to EB2 and about 15k to EB3I. I haven?t factored any spillover from EB4 and EB5 and assumed there will only be horizontal spillover for EB3.

[gsingh]

EB2, but date is in 3rd week of dec. Current FAD is Dec1.
Yes that's the final action date.
I thought you said you have to wait to even file a 485.

[gsingh]

Yes, the 1201 extra cards are available right away for USCIS to assign to cases. Whether they do or decide to split it over quarters, I don?t know.

I believe they split the available number so that visas are available through out the year.

[Sebiswaiting]

Yes, we still need to wait. That's because USCIS is considering FAD and not FD.


Yes that's the final action date.
I thought you said you have to wait to even file a 485.

[gsingh]

Yes, we still need to wait. That's because USCIS is considering FAD and not FD.

USCIS not honoring the FD? Strange. Didn't know that

[vsivarama]

I hope that EB2I EB3I gets such numbers, but highly unlikely. This year, available count was much higher, and yet EB1 got over in Sept, so no vertical spillover. Similarly ROW demand was super high in EB3 causing EB3I to get 12.7k slots. So with less number of total visa available in 23, EB3 would get much less than what you are considering .
Not trying to portray a pessimistic view here, but historical data doesn't show a rosy picture.


What makes you think there was no vertical spillover from EB1 to EB2 this year? According to court filing the annul estimated limit for EB2 I is 60K. Total numbers in EB2 for FY 2022 is 80K. So by that logic ROW + China only used 20K EB2 Visas. I do believe there was a vertical spillover to EB2 of around 20-25K. EB1 was backlogged before the pandemic so I think the excess numbers went to the backdated candidates. After two years I would assume all backdated folks have been greened and next year EB1 usage may be around 40-45K. It is an assumption yes, but I don't think it's unrealistic. EB3 demand may be high as the difference between FAD vs FD for Philippines is 2 years. So EB3 will see a good amount of CP as this year. EB3I probably will get the bare minimum plus a couple thousand extra if lucky. However if the recession kicks in all bets are off. There will be an immediate slow down in ROW numbers.

[Sebiswaiting]

What I meant is that EB1 consumed higher than usual and got used up in Sept and I am not expecting any vertical spillover this year.

As you told, EB1 consumed close to 60k (based on 20k spillover that you mentioned).
This year with 200k EB1 gets close to 60k.
So EB1 in 2023 fiscal may consume what is available.
You are also right that there was EB1 backlog. But I can't say if the backlog was cleared this year or last year. If the bulk of backlog was cleared last year, then most of 60k eb1 are new demand and potentially new normal.
Usual EB1 quota is 40k, so usual EB1 demand was higher than 40k pre covid, and as per some of the lawyers demand for EB1 has increased since.
Plus they consumed all EB1 by Sept 7, so application for the last 3 weeks will add to the count.

Having said that, I do wish EB2 gets more...my PD is 3rd week of Dec 2014, and I do hope for any spillover.




What makes you think there was no vertical spillover from EB1 to EB2 this year? According to court filing the annul estimated limit for EB2 I is 60K. Total numbers in EB2 for FY 2022 is 80K. So by that logic ROW + China only used 20K EB2 Visas. I do believe there was a vertical spillover to EB2 of around 20-25K. EB1 was backlogged before the pandemic so I think the excess numbers went to the backdated candidates. After two years I would assume all backdated folks have been greened and next year EB1 usage may be around 40-45K. It is an assumption yes, but I don't think it's unrealistic. EB3 demand may be high as the difference between FAD vs FD for Philippines is 2 years. So EB3 will see a good amount of CP as this year. EB3I probably will get the bare minimum plus a couple thousand extra if lucky. However if the recession kicks in all bets are off. There will be an immediate slow down in ROW numbers.

[stillwaiting]

Hi all -

Wanted to share my situation

Priority Date: 05/10/2010 EB2
Changed Job: Mar 2020
New employer filed in EB3
Finally received GC for me and my wife.
But received RFE for my kid for submitting copies of H4 and I-94 again. Already replied and waiting for decision.

Thank you all for the discssions and suggestions on this forum. Good Luck all.

[SG2020]

Call up USCIS and ask them what's going on. Ask for a supervisor if the rep isn't able to give you a good answer. If all else fails, raise a Service request for USCIS error. If the appointment is for some time in September make sure to get it done asap so you may still have a chance to get approval.

Originally Posted by SG2020 View Post
Hi all -

Wanted to share my situation with this group and hopefully get some insights as I am not sure what to make of it all.

High level timeline:
Nov 2020: EB2 >> EB3 downgrade
Mid 2021: I-140 approved through PP.
Sep 2021: Biometrics for me and my wife in Sep 2021. Her online case history mentions that 'fingerprints were taken' but mine doesn't.
April 2022: EAD/AP received as a result of a lawsuit I joined.
April 2022: Application transferred to NBC and then to FO/Orlando.
May 2022: RFE received for medicals, birth certificate, marriage, and lawful presence. RFE response delivered on July 22.
Aug 1, 2022: Online update to I-131 to show "fingerprints relating to your Form I-131, Application for Travel Document, Receipt Number SRC2190******, have been applied to your case."

Today, I received another biometrics appointment! My appointment in 2021 was also for Code 3. Also, the appointment letter came from NBC/ Lee?s Summit, MO but the notice shows Service Center as TSC.

Any thoughts on what could be going on?


Well, I think I have now seen it all.

I went for my second biometrics last week. I asked them why I was asked to do biometrics again and the supervisor at the site couldn't find any record of my biometrics taken in September 2021! I had the stamped documents - so they tried very hard to figure out what happened but couldn't come up with an explanation.

When I had done the biometrics in 2021 September, the person doing it was Asian (this is in Oakland, CA). I couldn't understand a single word she was saying and she was getting frustrated that I was unable to understand her directions. She was not able to get good prints for 3 fingers. She even shouted at me at one point. Anyway, my wife's biometrics went fine and we came home. Now I believe that she never entered my biometrics in the system! There is just no other explanation. I am super pissed. This time, the supervisor confirmed my biometrics were received and my status updated by the time I got home. Let's see if the background check happens quickly and if my application can be processed this month or in October. My PD is May 2011 and I had downgraded to EB3 in Nov 2020. Didn't interfile back to EB2 based on Fragomen's advice. I have already replied to the medical/birth/marriage RFE in July. Let's see how long it takes now that my biometrics are finally there after a year!

Ugh.

[Sebiswaiting]

Nov 2022 VB came out. No change on dates from last month. USCIS confirmed that ROW demand is so high that they may need to establish FAD for ROW. This will result in zero horizontal spillover, and extremely limited vertical spillover (if any) to India backlog.

Below text is from Nov VB.

"Increased demand in the Employment Second category may necessitate the establishment of a worldwide final action date in the coming months to hold number use within the maximum allowed under the Fiscal Year 2023 annual limit. This situation will be continually monitored, and any necessary adjustments will be made accordingly."


What I meant is that EB1 consumed higher than usual and got used up in Sept and I am not expecting any vertical spillover this year.

As you told, EB1 consumed close to 60k (based on 20k spillover that you mentioned).
This year with 200k EB1 gets close to 60k.
So EB1 in 2023 fiscal may consume what is available.
You are also right that there was EB1 backlog. But I can't say if the backlog was cleared this year or last year. If the bulk of backlog was cleared last year, then most of 60k eb1 are new demand and potentially new normal.
Usual EB1 quota is 40k, so usual EB1 demand was higher than 40k pre covid, and as per some of the lawyers demand for EB1 has increased since.
Plus they consumed all EB1 by Sept 7, so application for the last 3 weeks will add to the count.

Having said that, I do wish EB2 gets more...my PD is 3rd week of Dec 2014, and I do hope for any spillover.

[vsivarama]

Nov 2022 VB came out. No change on dates from last month. USCIS confirmed that ROW demand is so high that they may need to establish FAD for ROW. This will result in zero horizontal spillover, and extremely limited vertical spillover (if any) to India backlog.

Below text is from Nov VB.

"Increased demand in the Employment Second category may necessitate the establishment of a worldwide final action date in the coming months to hold number use within the maximum allowed under the Fiscal Year 2023 annual limit. This situation will be continually monitored, and any necessary adjustments will be made accordingly."

Yes, I agree the news appears bleak. One thing that USCIS does a very poor job at is trend analysis, so there is always hope. Let's see if they release the numbers related to ROW which would give us a more clearer picture. With recession looming in 2023 the situation can change pretty quick. At this time, I would say do not have any positive or negative hopes as far as the movement is concerned as the situation is still very fluid. Do not expect any changes in Dec bulletin either. Wish you all the best!

[Sebiswaiting]

Agreed buddy.
I and wife both changed job last year..each
twice 😁, as didn't want to block career due to GC uncertainties. Our PD are Dec 2014 and June 2015.
Our current orgs are initiating GC just now!! By the time our i140 is approved, it will be another 2 years due to current DoL processing speed.

Regarding ROW, demand for NIW EB2 seems suddenly increasing since this year. Iran with highest and Brazil next are leading demand there.

Recession is surely looming, but employment rate is still robust. Also NIW cases may not be impacted by receiion, considering they don't need job offer even though it is EMPlOYMENT based category 2.

I do hope recession, pandemic doesn't come though.



Yes, I agree the news appears bleak. One thing that USCIS does a very poor job at is trend analysis, so there is always hope. Let's see if they release the numbers related to ROW which would give us a more clearer picture. With recession looming in 2023 the situation can change pretty quick. At this time, I would say do not have any positive or negative hopes as far as the movement is concerned as the situation is still very fluid. Do not expect any changes in Dec bulletin either. Wish you all the best!

[optimista]

Folks, Gurus

I am visiting this forum after a while (because my application was taking forever to process and I decided to take a break from the follow-up process). Briefly my case is as follows - EB2 (PD August 2010), applied in Nov, 2020, got EAD in February, 2022. Case was initially w Nebraska SC, then transferred to NBC in July 2022. Then Medical RFE request came in Aug 2022, so I was finally excited. They asked me to send the RFE response ASAP, so that they can consider my application for 2022 quota before financial years ends on September 30th. I did sent them the RFE response immediately. After all this, now the status shows up as - Case Remains Pending - We are temporarily pausing work on your application because an immigrant visa number is not immediately available to you. Once an immigrant visa number becomes immediately available to you, we will resume processing of your application.
Can someone please explain, what happens next? Does it mean, that they could not allocate number for me in the last FY and now I have to wait for the visa numbers in this FY. If that is the case, then why the visa numbers are still not available. The FY started already. How soon I can get the GC finally. I have already submitted my service request to the local senator and they assured me that they are submitting their request to USCIS.

My wife strangely have not received the Medical RFE yet. The senator office told us that her case would be out of average processing time on 23rd October so I have to wait till that date to request them for an escalation. How soon she is likely to receive RFE for medical?

Please let me know whatever your thoughts are. What more I shall I do here? I have heard about Ombudsman request process. Shall I try for that? Let me know please. Thank you as always.

[qesehmk]

Folks, Gurus

I am visiting this forum after a while (because my application was taking forever to process and I decided to take a break from the follow-up process). Briefly my case is as follows - EB2 (PD August 2010), applied in Nov, 2020, got EAD in February, 2022. Case was initially w Nebraska SC, then transferred to NBC in July 2022. Then Medical RFE request came in Aug 2022, so I was finally excited. They asked me to send the RFE response ASAP, so that they can consider my application for 2022 quota before financial years ends on September 30th. I did sent them the RFE response immediately. After all this, now the status shows up as - Case Remains Pending - We are temporarily pausing work on your application because an immigrant visa number is not immediately available to you. Once an immigrant visa number becomes immediately available to you, we will resume processing of your application.
Can someone please explain, what happens next? Does it mean, that they could not allocate number for me in the last FY and now I have to wait for the visa numbers in this FY. If that is the case, then why the visa numbers are still not available. The FY started already. How soon I can get the GC finally. I have already submitted my service request to the local senator and they assured me that they are submitting their request to USCIS.

My wife strangely have not received the Medical RFE yet. The senator office told us that her case would be out of average processing time on 23rd October so I have to wait till that date to request them for an escalation. How soon she is likely to receive RFE for medical?

Please let me know whatever your thoughts are. What more I shall I do here? I have heard about Ombudsman request process. Shall I try for that? Let me know please. Thank you as always.

Optimista - looking at your date - you should not be worried about visa availability. Now you are totally in the clear from that angle. Something else must be going on here. So you need an attorney or a senator rooting for you. They will be helpful getting some info what's going on here.

[LeoAugust]

@qesehmk, Do you see any prospect of Eb2-Dec-2013 getting adjudicated by Sep-30-2023? Thanks in advance for your response...
Thanks

[qesehmk]

@qesehmk, Do you see any prospect of Eb2-Dec-2013 getting adjudicated by Sep-30-2023? Thanks in advance for your response...
Thanks

Leo - I don't do manual calculations anymore. But my gut feel is yes it should be possible.

[LeoAugust]

Leo - I don't do manual calculations anymore. But my gut feel is yes it should be possible.

Thanks @qesehmk for your response. It gives a good feeling and confident listening from you. The way news coming around abt ROW/EB1C, I thought it is impossible to get through by Sep-30-2023.Thanks again.

[qesehmk]

Thanks @qesehmk for your response. It gives a good feeling and confident listening from you. The way news coming around abt ROW/EB1C, I thought it is impossible to get through by Sep-30-2023.Thanks again.

You are welcome. To be double sure - use WhereismyGC.

[optimista]

Optimista - looking at your date - you should not be worried about visa availability. Now you are totally in the clear from that angle. Something else must be going on here. So you need an attorney or a senator rooting for you. They will be helpful getting some info what's going on here.

Q, thank you for your response. I got a recent update that fingerprints which were taken a while ago (in August last year) are now applied to my case. Is that a positive sign? Honestly, even after researching this, I am not getting a clear information on whether this is a positive step and how soon after this step, I should be getting my green card. It would help, if you can provide me some input on this. Thanks.

[qesehmk]

Q, thank you for your response. I got a recent update that fingerprints which were taken a while ago (in August last year) are now applied to my case. Is that a positive sign? Honestly, even after researching this, I am not getting a clear information on whether this is a positive step and how soon after this step, I should be getting my green card. It would help, if you can provide me some input on this. Thanks.

I can't say for sure. My feeling is it can't hurt. But what I have done this year that I am very proud of and may answer you question is developing a kind of AI approach to parsing and correlating such status changes on cases across thousands of cases and tell you what your next likely case steps are.

This is still not perfect but can give you pretty damn idea what you can expect next .... check at www.whereismygc.com (http://www.whereismygc.com) ...

[LeoAugust]

You are welcome. To be double sure - use WhereismyGC.

Thanks Sure.

[LeoAugust]

You are welcome. To be double sure - use WhereismyGC.

@qesehmk I joined whereismygc. Very good one... I think I should be able to ask my doubts there. Thanks for your guidance...

[qesehmk]

@qesehmk I joined whereismygc. Very good one... I think I should be able to ask my doubts there. Thanks for your guidance...

I am glad you liked it. I have spent considerable time and energy building WhereismyGC as a meaningful and useful service.

[optimista]

I can't say for sure. My feeling is it can't hurt. But what I have done this year that I am very proud of and may answer you question is developing a kind of AI approach to parsing and correlating such status changes on cases across thousands of cases and tell you what your next likely case steps are.

This is still not perfect but can give you pretty damn idea what you can expect next .... check at www.whereismygc.com (http://www.whereismygc.com) ...

Hi Q,
I had a quick question in case you can look in to it. So I had raised the request with local senator's office and they got the following response from USCIS:
"His case was transferred to the San Diego Field Office for review and adjudication. At the time of adjudication for his application, the maximum level of visa numbers available for Employment First (EB-1), Employment Second (EB-2), Employment Third (EB-3), and Other Worker (EW) for fiscal year 2022 have been reached. His case was then sent back to the National Benefits Center to be placed on hold until the visa becomes available for fiscal year 2023."

So I am totally confused about this. Why they sent back the case to NBC again God knows. In any case, my question was how soon the visas will become available for fiscal year 2023. I was under the impression that they must have become available already, since the fiscal year 2023 already started. Am I missing something here. Please give your 2 cents and that will be probably the last question to you for now from me. Thanks so much for your help. Really appreciate it.

Just for context, my priority date is August 2010, EB2, I have already got my EAD.

[qesehmk]

Hi Q,
I had a quick question in case you can look in to it. So I had raised the request with local senator's office and they got the following response from USCIS:
"His case was transferred to the San Diego Field Office for review and adjudication. At the time of adjudication for his application, the maximum level of visa numbers available for Employment First (EB-1), Employment Second (EB-2), Employment Third (EB-3), and Other Worker (EW) for fiscal year 2022 have been reached. His case was then sent back to the National Benefits Center to be placed on hold until the visa becomes available for fiscal year 2023."

So I am totally confused about this. Why they sent back the case to NBC again God knows. In any case, my question was how soon the visas will become available for fiscal year 2023. I was under the impression that they must have become available already, since the fiscal year 2023 already started. Am I missing something here. Please give your 2 cents and that will be probably the last question to you for now from me. Thanks so much for your help. Really appreciate it.

Just for context, my priority date is August 2010, EB2, I have already got my EAD.

I agree with you that for this date a visa must be available. You need to tell the senator that the date is already curent and visa should be available. People after your date have been greened. Just be reasonable. Dont pester him. They will help you.

If not find a lawyer and send a request to USCIS through a lawyer. That will be costly but seems like last resort if you have tried Emma / senator / FOIA etc .... then lawyer is the last resort imho.

So perhaps raise a query with USCIS AND also reach out to senator.

[optimista]

I agree with you that for this date a visa must be available. You need to tell the senator that the date is already curent and visa should be available. People after your date have been greened. Just be reasonable. Dont pester him. They will help you.

If not find a lawyer and send a request to USCIS through a lawyer. That will be costly but seems like last resort if you have tried Emma / senator / FOIA etc .... then lawyer is the last resort imho.

So perhaps raise a query with USCIS AND also reach out to senator.

Hi Q, thank you for the advice. Really appreciate it. I think I am going to take lawyer's help here. This is just getting beyond tolerable for me now. Thanks once again. I will post the updates here later.

[qesehmk]

Hi Q, thank you for the advice. Really appreciate it. I think I am going to take lawyer's help here. This is just getting beyond tolerable for me now. Thanks once again. I will post the updates here later.

Has the senator exhausted his/her means? If not - that is quick and easy remedy for now. Ask their office to ask USCIS/DOS what is wrong with the case since the date is already current. Isn't it?

[srisri]

Has the senator exhausted his/her means? If not - that is quick and easy remedy for now. Ask their office to ask USCIS/DOS what is wrong with the case since the date is already current. Isn't it?

I agree with Q, since senators office already stated the communication, they can reach out to USCIS contact and request why there is no availability of visa as FY 2023 already started. This could be a faster route to get the approval

[optimista]

I agree with Q, since senators office already stated the communication, they can reach out to USCIS contact and request why there is no availability of visa as FY 2023 already started. This could be a faster route to get the approval

HI SriSri and Q

Thank you for chiming in. I will check with the senator's office about this.

[vsivarama]

So I am totally confused about this. Why they sent back the case to NBC again God knows. In any case, my question was how soon the visas will become available for fiscal year 2023. I was under the impression that they must have become available already, since the fiscal year 2023 already started. Am I missing something here. Please give your 2 cents and that will be probably the last question to you for now from me. Thanks so much for your help. Really appreciate it.

Just for context, my priority date is August 2010, EB2, I have already got my EAD.

It was a bad case of timing for you. The field offices are not equipped to store our files. They are used for prompt processing of the cases at hand. Service centers serve as storage warehouses and unfortunately for you, your file made it to the FO when the visa numbers were unavailable and hence they just sent it back to NBC. If NBC resends your case to FO then your case will be picked up and processed. I would say point out to the senator that yes, the numbers were indeed not available when your file went to the FO but now there are numbers available again. So request your senator if they could urge USCIS to process your case now that the visa numbers are available again.

[qesehmk]

It was a bad case of timing for you. The field offices are not equipped to store our files. They are used for prompt processing of the cases at hand. Service centers serve as storage warehouses and unfortunately for you, your file made it to the FO when the visa numbers were unavailable and hence they just sent it back to NBC. If NBC resends your case to FO then your case will be picked up and processed. I would say point out to the senator that yes, the numbers were indeed not available when your file went to the FO but now there are numbers available again. So request your senator if they could urge USCIS to process your case now that the visa numbers are available again.

Great insight!

[optimista]

It was a bad case of timing for you. The field offices are not equipped to store our files. They are used for prompt processing of the cases at hand. Service centers serve as storage warehouses and unfortunately for you, your file made it to the FO when the visa numbers were unavailable and hence they just sent it back to NBC. If NBC resends your case to FO then your case will be picked up and processed. I would say point out to the senator that yes, the numbers were indeed not available when your file went to the FO but now there are numbers available again. So request your senator if they could urge USCIS to process your case now that the visa numbers are available again.

Got it. Whoa, this was really a riddle for me, thanks for simplifying and explaining it to me. Really appreciate your support. I am working with the senator's office, let's see how that pans out. Regards.

[gsingh]

Withdraw the 485j form -
485j was filed to change I485 underlying basis from EB3 to EB2. It is not approved yet. With a retrogression in EB2 and forward movement in EB3, I am now current for FA in EB3.
Wondering if there is an option to withdraw the pending 485j and what are the chances of it's success.

[Positive]

Technically, 485J approval is not a thing, even if USCIS has pretended intermittently that it is by approving them at times. They could process your case under EB3 if they wanted, issue RFE asking you to file another 485J for the EB2 job, or pretend that you are now EB2 and do nothing. You could file another 485J, this time for EB2 with a letter requesting that they consider your I-485 under EB3 (TUB letter). Eventually, USCIS has proven time and again that they will do whatever they want at any given point in time, so it's unclear if any of our actions make an iota of difference.