EB2-3 Predictions (Rather Calculations)

Quote:

---

Originally Posted by srisri

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.

Quote:

---

Originally Posted by optimista

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.

Quote:

---

Originally Posted by vsivarama

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!

Quote:

---

Originally Posted by vsivarama

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.

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.

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.