It seems there will be little movement for EB3I through September. I am suspecting that we may not utilize the full EB3 quota for the year. Its going to be futile to follow the visa bulletin for the next few months. As they say in Hindi "Aasman se gire khajoor me aatke"! This is perpetual misery...Originally Posted by Maxray
rapid movement?
And to add insult to injury, following is the potential monthly movement:rapid movement
India EB2 - up to one week
India EB3 - Little if any forward movement
Looks like, any spillovers are in hundreds (and not thousands) and will only be applied in September. So we are optimistically looking at +1 month for both EB2 and EB3.
For the year, game over boys. Now let us start drooling about the possible family based spillovers next year.
I don't know if they waste any visas in EB3. There are many people whose PDs are after July 1,2009 were already interviewed. Mostly they move dates in Aug/Sep bulletin and issue visas to them.
Hopefully not too off-topic, but wanted to post in this thread specifically since I've visited it (and its predecessors) so many times over the last decade
Just posting our story to show there is light at the end of the tunnel...even if it turns out to be very long and winding
Rough timeline:
- I had an EB-3 approved I-140 with priority date of October 2008 (India).
- My wife had an EB-2 approved I-140 with priority date of July 2009 (India).
- In 2012, we were able to apply for AOS and get EAD/APs under her application when the priority date for EB-2 India *briefly* moved past 2009 and before it retrogressed.
- From 2012 through 2018, we basically kept renewing our EAD/AP cards and refreshed medical RFEs for the pending AOS as needed. As well known in this forum, the EB-2 India priority date made very slooooooow progress over this period, especially in the last couple years.
- I moved to a different employer in 2018 and they applied for a new I-140 under EB-2 and got my original priority date ported over. I had not been able to switch from EB-3 to EB-2 at my previous employer..
- The new I-140 got approved earlier this year and the lawyers recommended applying for a new AOS under my own application, and also requesting USCIS to apply cross-chargeability on my wife's pending AOS. i.e.- I would become the primary applicant on my wife's pending AOS, she would become secondary and my October 2008 priority date could be applied to her application. Even though my own (new) AOS application would have eventually gotten approved since the priority date was current, it would have likely taken another 6-8+ months based on the mandatory interview requirement and getting this scheduled. So another benefit of using cross-chargeability on my wife's pending application was that because she had filed for AOS in 2012, there was no mandatory interview requirement.
- I had initially thought cross-chargeability was only an option when the applicants were of different nationalities, but that's apparently not the case. Our case is probably pretty niche though since it had: one pending application that had moved to the AOS phase but on hold due to retrogression and another application that involved EB3-to-EB2 porting with an earlier priority date than the first application.
- Either way, we have finally received the approval and card production notices for our GC applications concluding a process that started back in ~2008. I guess these days a wait time of 11 years is probably not that bad...
Good luck to you all as well
Congrats to you and your family !!!!
Please tell how you did the cross chargeability process?
Also, why didn't your lawyers ask you to interfile rather than cross chargeability?
The lawyers handled all the paperwork but I believe there is no formal application for requesting cross-chargeability. Similar to interfiling, it's just a written request asking the officer reviewing to apply it. If they had not responded to the request within 60 days, there is apparently some way to ping them for an update. In our case though, it was clear the request was acknowledged since they issued an RFE to request some additional documentation about 2 weeks later. Then the actual 485 approval came about 3 weeks after we submitted the additional info. I'm not sure why they preferred to use cross-chargeability instead of interfiling. It's possible the underlying process for both is similar / the same since the latter is also just a request.
"Worldwide: Expected to remain Current, but temporary corrective action may be required for September" This line in the bulletin ensures that there will be no spillovers.
For Eb2 it is less than a month for the entire year. Eb3 it did 6 months. The EB based immigration is fast turning into a farce, if it has not already!!!
Thanks for the information. One more question if you don't mind -
If you hadn't done EB3 to EB2 porting, then would you have gotten your GC by the same process? (since EB3 is ahead of EB2 now)
I give up. PD May 22, 2009 EB2-I. What's an average wait time to get EAD/AP now-a-days. I have said this before that I'll downgrade to EB3 but I stayed put hoping dates in EB2 will advance. But it looks like thats not going to happen.
Sending my lawyer an email to start the downgrade process to EB3. This is nightmare. I just moved cross contry, changed my job and had switched to EB2 just yr ago.
A week movement in EB2 for the next two months and may be 3 days movement per month the next FY is what I am anticipating. That would mean May 22nd '09 will be current in 7 months time. Your decision to port is probably wise.
Yep, that's true. If I had stayed at the previous employer, I could have technically filed for the AOS based on how quickly (and unexpectedly) the EB3 dates moved. The job move was done for career reasons though. But adding in the mandatory interview request time, it probably would have worked out to take the same time as what the employer switch + new EB-2 porting took. The EB2 porting was done for the new I-140 filing last year before the recent big jumps in the EB3 priority dates.
Quick question- PD May 22, 2009 EB2-I
Say I downgrade to EB3 and file for 485 concurrently, and in a month or two EB3-I retrogresses behind EB2-I, Do I at-least get EAD/AP ? Don't matter if there is delay in GC But if I just get EAD/AP that would be really helpful.
Thank you
You would get you EAD/AP even if the EB3-I retrogresses. But for EB-3 to retrogress from Jul 1,2009, the chances are slim. Go ahead file it EB-3 and you are in great shape to get the GC in next 6-8 months.
Ok. Awesome!!! That's helpful. My lawyer has started downgrade paper-work. So hoping he's done in a week or so and file it. I'll check to see if he is able to file my I-140 under premium also.
Say he's not able to file I-140 under premium, would I still get EAD/AP before my I-140 and in that case would there be any problem traveling while my I-140 is pending ?
Thank you
USCIS is increasing their own work and adding more layers and layers to each application by not moving dates in EB2 and 3. This is for sure ensuring that people file in both EB2 and EB3, to be ready for anywhere they can get the GC faster. Right now the best path would be to work in India for a year or two or if already working there, get a transfer to US and file in EB1 and get greened in 5 years.
Most of the applications for EB2 are in April-1900, May -1448, June-1400 and then it drops significantly from July 2009-984, August 810.
That’s 6542. Of which April is almost done.
So it could be 4600 waiting as primary. Add one dependent per primary applicant. That’s 9200 to complete August 2009. So is it 3.5 years wait?
Is my analysis correct?
https://www.uscis.gov/sites/default/..._July_2018.pdf
Why are you adding one dependent per primary applicant? The inventory already contains this number since it is one application per person. So the number is close to 4,600 if your math is right. Add the number of people who would file in EB2 when dates move and subtract the number of downgraders which come be more next FY and you will get the number.
Iatiam
I agree... I was wrong to add dependents to the pending inventory. So 4600/2800 per year- Am I looking at 1.5 year to cross August 2009?
Sounds about right. I, for one, believes that the downgrade from EB3 will accelerate next year and the dates may move slightly faster. In Trackitt I see a lot of folks with PD in May 2009 and onwards downgrading to EB3.
Iatiam
I am afraid we are pitted against a very hostile AdminAnd if Trump wins a second term (likely), its the end !
I see no hope with a 2013 date. Wait for our kids to sponsor, or change countries - and come back if desired to explore EB1
Any chance EB-3 India will break the Aug 2009 cut off? Look like it came close 5 times in the last five years!
http://seekingvisa.com/
What's the possibility they will accept filing Dates this time around ?
Don't expect Kids to sponsor. That route might have been closed by then. I think about going back to India everyday but it is a very hard decision to make especially after 18 years in the country !I am afraid we are pitted against a very hostile Admin
I see no hope with a 2013 date. Wait for our kids to sponsor, or change countries - and come back if desired to explore EB1
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