Thanks for forwarding the link. I was looking to find this to answer the same allocation question that was raised. Spec crushes it as always!Originally Posted by rocketfast
Thanks for forwarding the link. I was looking to find this to answer the same allocation question that was raised. Spec crushes it as always!
If I am not mistaken spillover/spill down is not subject to annual 7% caps. In the past Eb2 India would receive close to 20k visas from spilldown from Eb1. I believe the spillover is applied to the most backlogged countries, how that is applied is left to the government to determine.
Any predictions on SO to eb2-3 due to this?
If we survive this systematic purge
Jokes apart, these are scary times. Stay safe out there from covid + immigration traps.
Someone posted COVID giveth, COVID taketh so staying on same boat - I feel like that will depend on timing when this disease spread comes under control or new normal of work for USCIS is established. Lets say USCIS achieves normalcy around Jan then there are 9 months to spread windfall but if it happens later part of year then there will be handful of months to distribute windfall and it will be wasted.
Based on data shared by Spec, since past few years handful of numbers where allocated to different categories, hopefully patterns stays same and wastage of 1000s doesn't happen.
More visas for them to waste next year.
There is no excuse now for CO not to move DF dates.
I don't think for spillover/spilldown the 7% cap applies. Hence in the past, EB2 would get 20k spilldown visas and was moving fast. I think the spilldown over and above the regular 7% can be applied to the most backlogged country.
Visas will be wasted for sure and based on the SO if logically the dates should move 1 year, then CO will perhaps only move 6 months taking into account USCIS resource shortage and his conservative approach in moving the dates.If we survive this systematic purge
Jokes apart, these are scary times. Stay safe out there from covid + immigration traps.
Someone posted COVID giveth, COVID taketh so staying on same boat - I feel like that will depend on timing when this disease spread comes under control or new normal of work for USCIS is established. Lets say USCIS achieves normalcy around Jan then there are 9 months to spread windfall but if it happens later part of year then there will be handful of months to distribute windfall and it will be wasted.
Based on data shared by Spec, since past few years handful of numbers where allocated to different categories, hopefully patterns stays same and wastage of 1000s doesn't happen.
After revisiting Spec's post from last year and considering the current situation, it seems EB2I applicants up to April 2010 who have already filed their I-485 applications will not face visa availability issues any more no matter how many visas are wasted each year from now on. The wait times for these applications going forward will be decided by how fast USCIS can process this inventory. There are 10,727 applicants during July 2009 to April 2010 based on the most recent available I-486 inventory report. Some more applicants will be added to this number as the dates move forward. But the spillover will be so big and the demand from ROW employment based categories will be so subdued next year due to recession, that even with wastage, there will be no shortage of visas. It all comes down to how fast they can process the inventory now. Gone are the days with 2 days movement per visa bulletin for EB2I. Hopefully the most pessimistic Spec will also agree with this thought process!
We should not have to wait until the end of the year to know what's going to happen next; just until the night of Nov 3.
Does EO effect Travel on EAD/ Advance Parole document? My EAD & Advance parole card is issued in 2019 and valid until 2021.
I have flight tomorrow from India . Kindly advise thank you
My EAD/AP is under renewal so does that mean we're not going to get renewals and if we get...can AP be used to travel.
You are absolutely fine. Have a safe flight back!
IMO, it doesn't matter how many visas we get from FB for FY 21. What matters is how many new cases USCIS can process for AOS applicants in FY 21. The already interviewed cases for EB-3 and no-interview requirement cases for EB-2 will soon evaporate. Besides that they need new I-485 filings to use the new supply. Even with full fledged USCIS staff, they won't be able to match the supply. Forget about reduced USCIS staff to fulfill the total supply along with interview requirements. The filing dates for Oct 1,2020 is the important one. If that doesn't cross 2010, I don't see a way USCIS is going to use the new supply for the year 2021. 25K visa wastage in FY 20 will turn into something like 30-40K visa wastage in FY 21.
Wish you a safe flight. Once you arrive, can you please write down your experience in term of travel in Covid-situation? Somebody I know is travelling back in a few days and will appreciate your notes. All the best.
I no longer provide calculations/predictions ever since whereismyGC.com was created.
I do run this site only as an administrator. Our goal is to improve clarity of GC process to help people plan their lives better.
Use the info at your risk. None of this is legal advice.
Forum Glossary | Forum Rules and Guidelines | If your published post disappeared, check - Lies and Misinformation thread
qesehmk,
Sure I will share my experience
Sorry for repeating the question I have flight tomorrow
Can you confirm if Advance Parole document is eligible for traveling back to the US with new EO?
My EAD & Advance parole card is issued in 2019 and valid until 2021.
Cudnt agree more! It cud actually be 30K visas per category in EB!
somebody else already responded that you are good to go. I am not as current on latest things on AP ... but I don't see any reason why your AP is not valid. You should be able to enter without problems.
I no longer provide calculations/predictions ever since whereismyGC.com was created.
I do run this site only as an administrator. Our goal is to improve clarity of GC process to help people plan their lives better.
Use the info at your risk. None of this is legal advice.
Forum Glossary | Forum Rules and Guidelines | If your published post disappeared, check - Lies and Misinformation thread
I third that! There is no problem for existing AP holders as a matter of fact existing H1B holders as long as the visa stamp is valid.
Yes, I am stuck.Have valid renewed petition but expired visa stamp.
From the proclamation:
Sec. 3. Scope of Suspension and Limitation on Entry.
(a) The suspension and limitation on entry pursuant to section 2 of this proclamation shall apply only to any alien who:
(i) is outside the United States on the effective date of this proclamation;
(ii) does not have a nonimmigrant visa that is valid on the effective date of this proclamation; and
(iii) does not have an official travel document other than a visa (such as a transportation letter, an appropriate boarding foil, or an advance parole document) that is valid on the effective date of this proclamation or issued on any date thereafter that permits him or her to travel to the United States and seek entry or admission.You must determine whether you fit the exceptions outlined in the proclamation. I encourage you to read it in full.Sec. 7. Effective Date.
Except as provided in section 1 of this proclamation, this proclamation is effective at 12:01 a.m. eastern daylight time on June 24, 2020.
Without an irritant, there can be no pearl.
Spectator,
I have EAD and Advance Parole combo card valid from September 2019- September 2021.
Let me know if this meets the proclamation requirements?
I am willing to forget the entire spillover from FB. EB2 ROW demand will be very subdued next year giving EB2I a good horizontal spill over. Also, when you say USCIS will waste 30-40K visas in FY 21 because the agency wasted 25K visas this year due to lock down, you are expecting another lock down next year (?) No matter how many visas will be wasted next year, I am still thinking EB2I up to April 2010 is in the clear. If not, then FY 2022 will certainly take care of the currently pending inventory. So, the wait is no longer than 1-2 years now. And while we are waiting, enjoy monthly visa bulletins movement, some times two weeks, sometimes a month and you keep getting closer and closer! It's going to be fun! More restrictive Trump EO is actually a good news for people waiting for their green cards for a decade now.
The answer is no, bar congress amending the INA (as the HEROES House Bill seeks to do).
The INA specifies that any unused EB visas in a FY are used in the calculation of the next FY allocation for FB.
This is spelt out in INA 201 (c) or US Code 8 U.S.C. 1151 (c)
Similarly, INA 201 (d) or US Code 8 U.S.C. 1151 (d) specifies that unused FB visas in a FY shall be added to the EB allocation in the following FY.(c) Worldwide level of family-sponsored immigrants
(1)(A) The worldwide level of family-sponsored immigrants under this subsection for a fiscal year is, subject to subparagraph (B), equal to-
(i) 480,000, minus
(ii) the sum of the number computed under paragraph (2) and the number computed under paragraph (4), plus
(iii) the number (if any) computed under paragraph (3).
(B)(i) For each of fiscal years 1992, 1993, and 1994, 465,000 shall be substituted for 480,000 in subparagraph (A)(i).
(ii) In no case shall the number computed under subparagraph (A) be less than 226,000.
(2) The number computed under this paragraph for a fiscal year is the sum of the number of aliens described in subparagraphs (A) and (B) of subsection (b)(2) who were issued immigrant visas or who otherwise acquired the status of aliens lawfully admitted to the United States for permanent residence in the previous fiscal year.
(3)(A) The number computed under this paragraph for fiscal year 1992 is zero.
(B) The number computed under this paragraph for fiscal year 1993 is the difference (if any) between the worldwide level established under paragraph (1) for the previous fiscal year and the number of visas issued under section 1153(a) of this title during that fiscal year.
(C) The number computed under this paragraph for a subsequent fiscal year is the difference (if any) between the maximum number of visas which may be issued under section 1153(b) of this title (relating to employment-based immigrants) during the previous fiscal year and the number of visas issued under that section during that year.
Note: 1153(b) refers to INA 203(b) which is (b) Preference allocation for employment-based immigrants where the 28.6% and 7.1% limits for EB1 EB5 are laid out.
(4) The number computed under this paragraph for a fiscal year (beginning with fiscal year 1999) is the number of aliens who were paroled into the United States under section 1182(d)(5) of this title in the second preceding fiscal year-
(A) who did not depart from the United States (without advance parole) within 365 days; and
(B) who (i) did not acquire the status of aliens lawfully admitted to the United States for permanent residence in the two preceding fiscal years, or (ii) acquired such status in such years under a provision of law (other than subsection (b)) which exempts such adjustment from the numerical limitation on the worldwide level of immigration under this section.
(5) If any alien described in paragraph (4) (other than an alien described in paragraph (4)(B)(ii)) is subsequently admitted as an alien lawfully admitted for permanent residence, such alien shall not again be considered for purposes of paragraph (1).
You can find the text here.(d) Worldwide level of employment-based immigrants
(1) The worldwide level of employment-based immigrants under this subsection for a fiscal year is equal to-
(A) 140,000, plus
(B) the number computed under paragraph (2).
(2)(A) The number computed under this paragraph for fiscal year 1992 is zero.
(B) The number computed under this paragraph for fiscal year 1993 is the difference (if any) between the worldwide level established under paragraph (1) for the previous fiscal year and the number of visas issued under section 1153(b) of this title during that fiscal year.
(C) The number computed under this paragraph for a subsequent fiscal year is the difference (if any) between the maximum number of visas which may be issued under section 1153(a) of this title (relating to family-sponsored immigrants) during the previous fiscal year and the number of visas issued under that section during that year.
A handy starting point is here.
Without an irritant, there can be no pearl.
I don't expect another lockdown. USCIS is reducing their workforce. With reduced workforce, I'm not sure they can service 200K EB cases expected for FY 21 with interview requirements. All the pending inventory will be cleared for EB2 India sooner rather than later. My question was how the new inventory is built (and when).
You may find below useful:
https://docs.google.com/document/d/1...UDYMKyAko8Np0c
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