I was thinking that I would be current by now with EB2I PD of Sep, 2009. What a bummer! I guess not until next October?
I was thinking that I would be current by now with EB2I PD of Sep, 2009. What a bummer! I guess not until next October?
That is correct, but it also says clearly that they are talking about the petition, not the I-485 application.Originally Posted by EB2/eb3
An I-485 is an application for AOS as the beneficiary of an underlying petition.
For EB1, EB2 and EB3 cases, the petition is an I-140.
So for the example (changed to reflect EB)
This then feeds into the CSPA age calculation as the Pending Time (the pending time is the amount of time it took for the I-140 to be approved):3. Determining Length of Time Petition Was Pending
For family and employment-based preference adjustment applicants, the length of time a petition was pending (pending time) is the number of days between the date that it is properly filed (filing date) [23] and the approval date. The formula for determining the length of time the petition was pending is as follows:
Approval Date - Filing Date = Pending Time
Example
The applicant’s employer filed a(n I-140) petition on the applicant’s behalf on February 1, 2016. USCIS approved the (I-140) petition on August 1, 2016.
August 1, 2016 - February 1, 2016 = 6 months (or 182 days)
Therefore, the applicant’s (I-140) petition pending time is 6 months (or 182 days).
I hope that makes it clearer for you.2. Child Status Protection Act Age Calculation
For family (including VAWA) [20] and employment-based preference and DV categories, an adjustment applicant’s CSPA age is calculated by subtracting the number of days the petition was pending (pending time) from the applicant’s age on the date the immigrant visa becomes available to him or her (age at time of visa availability). [21] The formula for calculating CSPA age is as follows:
Age at time of visa availability - (Petition) Pending Time = CSPA Age
While an applicant must file an adjustment application or otherwise seek lawful permanent resident status in order to benefit from CSPA, the date the applicant files an adjustment application is not relevant for the CSPA age calculation. [22]
Example
The applicant is 21 years and 4 months old when an immigrant visa becomes available to him or her (this is when the FAD becomes current). The applicant’s (I-140) petition was pending for 6 months. The applicant’s CSPA age is calculated as follows:
21 years and 4 months - 6 months = 20 years and 10 months
Therefore, the applicant’s CSPA age is under 21.
Without an irritant, there can be no pearl.
Yes, it does. Thank you for the clarification Spec
The issue CO indicated was there's not enough demand for EB-3 till Jan 1,2009. (First 10 months of 2008 has been current for 6 months now) It's pretty obvious that people ported and EB-2 stayed in 2008/2009 for too long. The problem you mentioned only will happen if people start downgrading aggressively. For that has to happen the EB3 FA dates have to pass May 1,2010. Until then EB-3 will sail smooth. I won't be surprised if EB3 FA dates are ahead of EB-2FA in April 2019 itself.
You can schedule an appointment or visit your closest CBP station. They can extend your I-94 based on your new passport till the PED.
Email CBP. They will fix this via email it self. I have had 2 situations similar to this and both the times, they fixed I94 within 3 days.
call the nearst CBP office and tell them the story. They shall be able to fix it. NY phone numbers are 718-553-3683 or 718-553-3684
Better to go or email them with all the details and attachments. If you go there, take original I-797s and a photocopy of those and passports too.
A firm had evinced interest for full time role to proceed with my h1b transfer. They said, that would be fine as 140 is approved. Then, they asked for my country of passport(India) and they balked out. Maybe they considered the h1 renewals as the backlog is huge for India.
Did anyone had any experience as such?
https://travel.state.gov/content/tra...mber-2018.html
EB3-I, filing date moves to Jan 1, 2010!!!!
Other info:
EB2-I, filing date: May 22, 2009
Final action dates: EB2-I: Apr 1, 2009, EB3-I: Mar 1, 2009
EB1-I final action date jumped more than an year i.e. from Jun 1, 2016 to July 1, 2017
EB1-I filing date stayed at Oct 1, 2017
First, lets hope USCIS respects the FD, Most probably EB3 I filing dates will move faster for next bulletin.
Looks like there is no demand in EB3I and somehow CO is trying to keep EB3I dates below EB2I. EB3I might end up with MAY2010 by the end of this year. Any movement is good news for both EB3I and EB2I.
When you say May2010 would that be Filing Data or Final Action date? Please Clerify
How can EB2I benefit when it can't get the spillover (other than shifting and refiling in EB3), any spillover will go to EB1?
You answered your own question. The shifting and re-filing from EB3 would help, if the inventory does not go down, it will at least remain steady.
USCIS honored Filing Dates for October and November and EB3I filing dates keeps moving forward. This tells me that there are very few folks left in that category in 2009. 2009 had few filings because of the recession in 2008 and most (like me) who originally waited in 2009 EB3I already ported to EB2I.
Depending if USCIS does continue to honor filing dates and late 2009 EB2I filers deciding to down port, EB3I dates will continue to move forward and eventually stabilizing with EB2I - similar to what happened with China.
If some EB2 people move out of the EB2 queue into the EB3 queue (via down-port), I guess it would be good for both.
EB3 will get GC faster and lesser people in EB2 queue.
Hi Aceman, I have my I 140 approved in EB3 with my previous employer and ported to Eb2 with the current employer. Priority date is Dec 23 2009. Both I 140's are valid. I am checking with my Attorney to file in Eb3.
But I would like to check with you as well. Do you have any inputs on this.
Thanks
The future of Eb2 INDIA is limited movement as mentioned by CO and he estimates it to move only until May 22 2009 per his filing dates where he expects EB2 INDIA to be in 8-12 months which is pretty much the end of this FY. Apart from that if the following scenarios happen things will change
1) Spillovers of 1000 will clear until June 1st 2009. Spillovers of 3000 will clear until July 2009 and spillovers of 5000 or more will clear Oct\Nov 2009. This is highly unlikely given the EB2 WW and EB1 demand. The EB1 demand can be met if sufficient spillover comes from EB3 and we may get some spillover from EB2 WW this FY if there is govt shutdown in December that will slow down the perm approvals but it may not happen. If a recession is happening then we may see a rapid movement scenarios. I wouldn't count on any of these speculative situations yet.
2) Forward movement beyond may 22nd 2009 might happen if the downgrades are higher which is highly unlikely as unlike the chinese situation EB2 INDIA folks until May 2010 have their EAD\AP cards and you cannot expect much downgrades like china. Downgrades may happen if an Eb2 Applicant has a EB3 application as well either with the same employer or different employer. However this is only influential after May 22nd 2009 as there is no clear picture of how many cases we have like this after May 22nd 2009 until Jan 1 2010. They may move forward with EB3 but this doesn't change the inventory numbers as i believe those inventory numbers are ppl who filed 485 and are waiting for their GC and doesn't capture these scenarios. Even if there are like 40% of these numbers moving forward with their EB3 application this should take EB2 dates to mid of June 2009 only. The only reason of not able to measure these will make CO decide not to move the EB2 dates beyond May 22nd 2009.
At this stage we can sit back and pray that we get spillover, shutdown happens and economy slides for us to get a GC but we also have to survive all these said above to apply for GC :-)
USCIS does not approve more that 700 Green Cards a quarter for EB3-I (unless it is the last quarter). So I am wondering what to make of the FAD movement to March 1 2009 for EB3-I. Does it mean that there is NO inventory of 700 till Jan 1 2009 and that is the reason for the FAD to move to March 1 2009? Specially, since USCIS is honoring filing dates till Oct 1 2009, what is the logic of moving FAD to March 1 2009?
Some trackitt data:
===========
Active primary applications in EB3-I from Sept 2007 to Dec 2008 = 124
Active primary applications in EB3-I from Sept 2007 to March 1 2009 = 132
Active primary applications in EB3-I from Sept 2007 to Oct 2009 = 156
what is the logic of moving FAD to March 1 2009?
To help EB1 folks get their spillover for this FY.
I may have a different take on this. We got a 2 month movement for Eb3 I in the first quarter itself. This implies, that demand has to be really low as they had the filing date moved to late 2009 for October bulletin. 45 days of data might indicate the low demand there and CO confident of moving the dates by couple of months in both FAD and FD. EB2 I till May 2010 has solid 15,000 people waiting already with AOS. They are just not going to anywhere. I am expecting EB3 I FAD reach Jan 2010 by April 2019 bulletin.
It makes sense. There is absolutely no need to increase EB2I inventory whereas EB3I really needs a build up. The only question is if EB3I FAD moves ahead of EB2I, then what happens. Right now, there is limited downporting risks given the EB3I FAD is lagging. If it picks up, its will be a game changer.
Iatiam
Though the inventory numbers may not be affected i see beyond may 22 2009 ppl who ported with same employer\different employer using their prior valid EB3 to move forward with AOS. With that said the inventory for April 2019 for EB3 will be interesting to watch as I see the numbers grow in EB3 INDIA inventory grow for Cal Yr 2009 which paves way for EB2 INDIA to move forward for next FY 2020 albeit to only few months again.
May and June 2009 has the highest density close to 1400. If we can get over that hump, things will get easier for rest of 2009. Recession, crackdown on immigration are all gonna help. I am optimistic about EB2I especially till 2009. EB1C restirctions are somehow outweighed by increase in EB1A and EB1B cases. The stock market is already crashing and as the tax cut stimulus wears off, these filings will also come down. I personally believe that EB India has never been in better shape since 2012.
Iatiam
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