Correct. Anyone who is reading the Meng amendment to allow FB to EB spillover in 2021 is in for a rude shock. Here is what she is intending, straight from the horses mouth (https://meng.house.gov/media-center/...luded-in-key):
"Meng?s measures would allow unused family-based, employment-based, and diversity visas that were allocated in fiscal years 2020 and 2021 to remain available in fiscal year 2022 and beyond until they are used." This paragraph is preceded by the fllowing:
"The Immigration and Nationality Act (INA) allocates 480,000 visas annually for family-sponsored categories; 140,000 visas annually for employment-sponsored categories; and 55,000 for diversity visas. Due to COVID-19 and the curtailing of immigration operations both abroad at U.S. embassies and consulates, and at U.S. Citizenship and Immigration Services (USCIS), only a fraction of these visa allocations were used in fiscal year 2020 or will be used by the end of the current 2021 fiscal year which concludes in October."
Essentially, MENG would take away any FB spillover into EB for the current and next fiscal years. All we get is the 5/10% EB visas that were wasted in 2020 and a preservation of any unused visas from 2021's annual quota of 140K. Now, please don't argue how will they restore to FB visas from 2020 that have been allocated and will be used up by EB this year. Plainly, USCIS is carefully working to ensure that not even 140K EB visas are issued this year.
Spec has mentioned this numerous times. Final numerical limits for EB GC i.e any spillover from FB is determined by Nov or Dec. Fiscal year ends on Sep-30th; Numbers from consulates across the world + Field offices + USCIS usage are sent to DHS which then tabulates total usage for a previous fiscal year and if there is leftover then it gets added to current year EB limit. In past such report is published in Nov or sometimes in Dec.
If Charlie is saying he will know FY-22 quota in Nov - I will interpret as any left over FB visa coz of consulate closure + 140k EB visa will determine total EB limit of FY-22 which runs from Oct 1st 2021 to Sep 30th 2022. I highly doubt he is referring to Meng's ammendment when he said final numerical limit for EB GC.
FY21 Numerical Limits - https://travel.state.gov/content/dam...its-FY2021.pdf
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So Q3 EB numbers came at 27k. That is 13k less than what I had assumed. That changes total expected numbers to go down to 175k - 185k (rounding).
USCIS seems to have stated that they will be able to process 180k.
I hope they do indeed, and I do hope that 180k is approval count and just not processing count.
Without any change, I think we can safely assume that USCIs will be able to approve at least 200k(probably more) next year starting Oct 2021. Howver no one knows what, if any, legislation change may come, any change in priority.
Considering 70-80k wastage this year, and similar additional number getting absorbed next year, only seemingly positive outcome is less chance of a retrogression. I see EB2 moving faster in net months, and EB3 mostly static with slower forward movement if any. I also expect EB3 to be ahead off EB2, even though both will converge towards a center..
I hope budget reconciliation somehow includes some good news.
Hi @Q
I had posted a message to this thread, and after posting and trying to edit, I got error that link is invalid. The post isn't seen in the thread there after. Is there any issue going on?
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 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
Hello Gurus, anyone who has received GC recently in the past month, are interviews still happening.
Folks,
I needed serious help in understanding the predicament which I am in. My PD is in August, 2010 and I submitted my I-485 on November 1st, 2020. My fingerprinting was done sometime in July, 2021. I have filed in EB-2 category. I had recently changed the employer (before the dates become current) hence I had applied for I-140 and I-485 concurrently when the PD became current (PERM approval was received during this time). My application is with Nebraska Service center. The estimated time range is 11 to 23.5 months for employment based applications for I-485 and the receipt date which they are processing currently is September 29th, 2019. How much time I will have to wait for the approval of I-485 and to receive GC? If I miss the chance to get GC in this FY, then how soon I can get it in next FY? Is there a way that I can at least get an EAD in the meantime? How I can escalate my application to level 2 as i have heard some folks are able to get it that way. Also would downgrading from EB2 to EB3 help in this situation? I am in a difficult situation and losing hope day by day. It's been 15 years since I have been fighting with this evil system with no end in sight. Any help, information you any give would help me in planning my next actions. Thank you very much.
Thanks @bones20 so much for quick response.
I really appreciate it. May be I missed it in my original post, but fortunately my I-140 is approved already (I did it in PP already at the time of concurrent filing). My biometrics was done in the beginning of last month, so yes it's done already. My USCIS account does not show the latest changes/updates for some reason but the agent did confirm with me once that it shows in the system as biometrics taken, so I am good there. my application is with Nebraska service centers and I am hearing horror stories about the very slow processing speed over there, hence was really in a low hope/morale condition.
Your update definitely helps me keep my hopes and morale up. So thanks for that. Let me know if you have any additional comments to the information which I provided now. Thanks once again.
Well, if at all, I think Nebraska is faster compared to say California (my FO). The only other thing which you may consider doing (do consider pros and cons - its a hit and miss with some downsides) is interfile i693 if you did not submit with i485:
https://www.qesehmk.org/forums/showt...ll=1#post82456
Hi @bones20,
Thanks again for the response. The thing is unfortunately, I filed my medicals right with the application (thinking that it would help speed up processing) and now I hear that actually interfiling was a better option. What can I say? As usual regretting is all I can continue to do :-). Thanks anyways though for the suggestion.
Regards
I am not sure where you heard that interfiling medicals is better than filing with the original application. Although my situation was a little different (MSC), I got approved right away (filed medicals with 485 application) whereas some folks received an RFE for medicals and are still waiting to be approved. Folks trying to interfile medicals without an RFE have had different outcomes. Some got the medicals successfully "attached" to their 485 application, while some got RFE regardless and some are still trying to find out if medicals got attached. At this point there is not much you can do unless your petition is outside of USCIS published processing times. The only thing you can do is to do premium on your I-140 application, if you have not done so already. I know how you feel, I been there myself.
Last edited by prepleo; 09-10-2021 at 08:46 AM.
You have shared details which are all over the place. On one you say you filed your case in Nov 1st 2020; you have filed your EAD, AP, Medicals all together which is good. But on other hand you say BM was done last month which is unusual for Nov filers. You also mentioned job change without any timeline? Perm approval happened but when??
Many of the folks already responded; But you haven't shared what issue you are facing? IS there a threat of job loss? Kids aging out? Why you losing hope? without knowing actual cause of your worry, nobody here will be able to help you.
Overall I can say - if your file is complete + BM are dones then you will get your GC anytime from Today to next 6-8 months. Trend I am seeing is after BM, GCs are approved around 6 months mark so just hang in there
@prepleo,
Thank you for your feedback and kind words of support. Really appreciate it. I already got I-140 approved in PP, so I am good there. Good to know your take/analysis on filing medicals. I guess I was basing my feelings/conclusions based on limited information.
As you folks are suggesting, I will hold tight and wait patiently for the GC to arrive. Cheers.
@monsieur,
Thank you for the reply.
BM took time probably because I had filed I-140 concurrently. Else I don't know why it took time. Employment change had happened 2 years back. I was just explaining that my PERM got approved in October and the date become current in early November (hence I-140 had to filed concurrently). I-140 is already approved (I had done PP). Medical was sent in the first package for I-485, so that is not pending either. My job is safe, so no other issues, just that there is a lot of anxiety around this, hence wanted some pointers around the ETA so that I set right expectations.
My mind is not all over the place now after reading feedback from multiple experts on this forum :-). So thank you and all others for the support. Cheers.
From time you file your case (I-485 + Medicals), on avg it takes 12-18 months. This timeline was from pre-pandemic and tsunami of filing in Oct 2020 might impact it. As i have stated current pattern is approval of case 4-6 months after BM is done. Upcoming year will also plenti of spillover, so folks who have applied this yr is in good shape. I get your frustration but don't loose hope, it will come when it comes. Just live your life.
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