Eb4 india priority date

If USCIS determines there are more immigrant visas available for a fiscal year than there are known applicants for such visas, we will state on this page that you may use the Dates for Filing chart. Otherwise, we will indicate on this page that you must use the Final Action Dates chart to determine when you may file your adjustment of status application.

In the F2A category, there is a cutoff date on the Dates for Filing chart. For all the other family-sponsored preference categories, you must use the Dates for Filing chart in the Department of State Visa Bulletin for January For all the other family-sponsored preference categories, you must use the Dates for Filing chart in the Department of State Visa Bulletin for February Adjustment of Status Filing Charts from the Visa Bulletin If USCIS determines there are more immigrant visas available for a fiscal year than there are known applicants for such visas, we will state on this page that you may use the Dates for Filing chart.

October November December USCIS calculate processing times by using historical data of completed cases. They cannot project how long it will take to complete a case filed today. USCIS generally process cases in the order they receive them. Please note that times may change without prior notice. Visas are allocated quaterly. A good example of rapidly changing data is EB2 India category. Dates moved forward by around 3 years in few months.

EB2 India Green Card Prediction (Feb 2021 Bulletin)

However in the next few months, it retrogressed by around six years and have stayed same for next 9 months. Then it moved forward by 3 years, etc. There could be big changes in dates based on many other factors such as spillovers, etc. It would be very useful to understand how USCIS is currently processing these cases in each category. It would also help in estimating date movements in future visa bulletin.

Email Newsletter: To receive email as soon as latest visa bulletin is released, please click here. If you would like to support this site, please consider donating using any of the options below or simply visit our friendly sponsors:. Tip: You can quickly view thousands of green card cases in the free GC Tracker. You can also check latest date movement in VB Charts. For latest immigration news, please click here or view GC Blog.

You can use GC calculator to estimate when your priority date may become current. Since USCIS updates data every few weeks, estimated date shown below may also change every few weeks. What does the estimated time range mean? Visa Bulletin dates are based on supply and demand.

Supply is fixed atper year for family based FB categories. What about spillovers?

October 2020 Visa Bulletin - EB Category - Important Questions and updates. MUST WATCH!!!

Since all FB categories are retrogressed, there are no spillovers in FB categories unless there are unused visas in EB category. EB categories have two spillovers: a If there are any unused visas in FB categories, then it is equally distributed among all EB categories.

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DOS allocates these spillovers so that EB categories use up all available quota ofper year. How accurate is this calculator?Add your email and we will let you know when the "Visa Bulletin" is published.

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If you are a prospective immigrant, you can find your priority date on Form I, "Notice of Action", for the petition filed on your behalf. The waiting time before receiving an immigrant visa or adjusting status depends on the:. Please help us to continue offering this free service visiting our sponsors ads and sharing the Site with other people. Thank you! Our website is made possible by displaying online advertisements to our visitors.

Please consider supporting us by disabling your ad blocker. Visa Bulletin February has been published. This tool estimates when your priority date may become current. Where do I find my Priority Date? We have email subscribers! We respect your privacy Unsubscribe from emails Alerts. The waiting time before receiving an immigrant visa or adjusting status depends on the: Demand for and supply of immigrant visas.

Per-country visa limitations; and Number of visas allocated for your preference category. Disclaimer: In order to estimate dates, this Site uses the Visa Bulletin data from previous fiscal years and the current fiscal year, and make calculations about possible future dates. The results are estimates and for your informational use only, and we specifically disclaim the accuracy of the information provided.

You should not rely on the information or dates provided. This Site does not provide legal advice or opinions and you should seek legal counsel if you have questions about any Visa or other immigration or legal documents or issues.

This Site is not affiliated with any federal, state, or local government agency.Are there any chances that dates will continue to move forward in upcoming bulletins? My opinion is that the dates for India EB2 and EB3 Final Action will keep moving forward up to Sep due to the spillover from family-based green cards by about months at a time. My estimations are based on the above numbers and the fact that about k extra green cards have been added to the employment-based total in Oct You should be ready to file i documents if the dates move forward quickly as the window might not stay open for long.

Here is our app to help you decide if you should do the EB2 to EB3 downgrade or not. It is still new and will improve over time as we make changes continuously. Here is the app that can help you generate your i document checklist easily.

The average waiting time for anyone already in the EB2 Indian queue at least 20 years if their GC date is before Dec if you ignore the spillover that happened in Oct If the same amount of Green cards are issued to EB2 India every year from now, which seems like a case without any carryover from other categories, the Indian EB2 skilled worker has a wait of about years.

This will give you a Green card immediately as there is neither any yearly limit nor any priority date waiting for immediate relatives of US citizens.

India EB2 to EB3 downgrades are possible. Help us gauge the mood of the Indian community by filling up this short survey. You need a google account to fill it. No email collected. No spam.

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You can see survey results once you have filled them yourself. Also, each family member is counted separately in green card numbers. This means that each family will at least require about 2.While we expect this to continue to be the case, we are observing and expecting a possible change in this trend, at least temporarily, with the cutoff dates for EB-3 India advancing and becoming more favorable than the EB-2 India cutoff dates and creating EB-3 India downgrade opportunities for some but not all.

EB-2 India applicants with a priority date between May 15, and January 1,would be able to downgrade to EB-3 and file for I Our five-to-ten year historic average calculations based on our Visa Bulletin Predictor Tool indicate that an EB-2 India priority date becomes current in about years while it takes years for a priority date to become under EB-3 India this excludes sharp fluctuations and Filing Date v.

Final Action date swings. At the same time, new green card candidates who are eligible for EB-2 have been insisting on having their applications processed under EB-2 in cases this is possible.

As a consequence, the EB-2 India category has been and is expected to continue to be advancing very slowly over the coming months. At the same time the EB-3 India category has not seen the demand normally expected and this is causing the Department of State to advance EB-3 India more aggressively in order to use the available visa numbers. At that time we cautioned that this is a limited opportunity as we expect EB-3 would not be more advantageous than EB-2 for a very long period of time because the long-term historic average still favors the higher EB-2 preference category.

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We believe a similar scenario is likely for India. What we learned from our recent China cutoff date movement experience is that downgrading to EB-3 would mainly result in the ability to file I adjustment of status.

This has many benefits, including getting independent work EAD and travel advance parole permits for family members too and the ability to port the I green card process to a new employer under AC21 after six months.

Ultimately, however, since the long-term wait time for EB-3 India is longer than that for EB-2, we expect that it may ultimately take longer to get the green card approved unless there is a subsequent future upgrade of the process to EB We also caution that as many EB-2 India applicants are downgrading, the EB-3 India category will see much more demand which, in turn, will cause EB-3 India to further slow down while EB-2 India to possibly advance faster.

A very limited number of applicants especially those who act faster, are better organized, reside in an area where I interviews are scheduled faster, and who have more advanced priority dates may expect faster I approval under EB However, those who downgrade to EB-3 India would possibly have to wait longer for their actual green card approval compared to EB In our experience, most if not all, PERM Labor Certifications which have been used in support of an EB-2 petition can be used to support an EB-3 petition by the same employer and for the same position.

When the new EB-3 I petition is approved and the EB-3 priority date is current, the applicant can then file a Form I, Application to Adjust States, together with the companion EAD work permit and advance parole travel applications. Since the main goal of the EB-3 downgrade is to be able to file I adjustment of status and since we do not know how long the favorable cutoff dates in the Visa Bulletin will last, in most cases we would likely recommend filing for both I EB-3 downgrade and I concurrently.

The EB-3 downgrade process requires the employer to submit another I petition with its associated fees.

eb4 india priority date

We should also caution that we have seen instances where the newly-downgraded EB-3 priority date did not become current and the applicant was ultimately unable to file I immediately after the downgrade took place. To avoid this risk, as noted above, we recommend filing the I downgrade and I applications concurrently. To minimize this risk it may be prudent to file the I EB-3 downgrade with regular processing again, with the I adjustment of status and then, once receipt notices are issued in few weeks, to then attempt to upgrade the pending I to premium processing.

Going through an EB-3 downgrade process does not automatically invalidate the prior EB-2 petition so in the event the EB-3 downgrade is not successful such as the EB-3 I is denied, for some reason, or withdrawnas a general matter, the EB-2 petition remains unaffected. Employers should also very carefully analyze if there are any significant issues with the PERM — at the time the initial EB-2 I was filed and subsequently.

Also, employers should be able to demonstrate ability to pay the PERM offered wage for the entire period going back to the priority date — for an EB-3 I downgrade this means several years of tax returns, financials and pay records will have to be carefully analyzed and prepared.

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We define success as the ability to downgrade an EB-2 petition to EB-3 and be able to file I adjustment of status. With this in mind, in our experience, the key factors to success are:. Our office has been very active in helping individuals and employers initiate the process during what is expected to be a limited window of opportunity and we would like offer a webinar session where attorneys of our firm discuss the EB-3 downgrade process.

Yes, an employer can choose to have a different attorney handle the EB-3 downgrade process from the attorney who may have done the EB-2 petition filing. If not already available, it would be helpful to have a full copy of the EB-2 I petition filing.This page will help you understand how the U.

Immigrant visas for immediate relatives of U. Immediate relatives include:. Immigrant visas for the family-sponsored and employment-based immigrant preference categories are numerically limited, so they are not always immediately available. For more information, please see the Green Card Eligibility page. In general, family-sponsored preference visas are limited tovisas per year, and employment-based preference visas are limited tovisas per year.

Both categories are divided into several sub-categories, each of which receives a certain percentage of the overall visa numbers as prescribed by law. When the demand is higher than the supply of visas for a given year in any given category or country, a visa queue a waiting list or backlog forms. We will accept Form I, Application to Register Permanent Residence or Adjust Statusfrom family-sponsored and employment-based adjustment of status preference applicants according to the monthly Visa Bulletin that DOS publishes as a guide for issuing visas at U.

Consulates and Embassies. When we determine there are more immigrant visas available for the fiscal year than there are known applicants, you may use the Dates for Filing Applications chart to determine when to file an adjustment of status application with USCIS. DOS, working with the Department of Homeland Security, revises the Visa Bulletin each month to estimate immigrant visa availability for prospective adjustment of status applicants.

If DOS makes any changes to either chart in the Visa Bulletin after publishing it, we will review those changes and determine if any further action is necessary. Check the latest dates for filing adjustment of status applications.

If you are a prospective immigrant, you can find your priority date on Form I, Notice of Actionfor the petition filed on your behalf. The waiting time before receiving an immigrant visa or adjusting status depends on the :. The Visa Bulletin allows you to check your place in the immigrant visa queue.

The Visa Bulletin provides the most recent date for when a visa number is available for the different categories and countries for family-sponsored, employment-based, and diversity lottery visas.

eb4 india priority date

A visa must be available before you can take one of the final steps in the process of becoming a lawful permanent resident. Because more prospective immigrants want lawful permanent residency than the limited numbers of immigrant visas allow, not everyone can immediately get an immigrant visa.

How long you must wait depends on your priority date, preference category, and the country to which the visa will be charged. A visa is available to you when your priority date is earlier than the cut-off date shown for your preference category and country of chargeability in the applicable chart in the Visa Bulletin, as described above in the Acceptance of Adjustment of Status Applications section. For example, if the Visa Bulletin shows a date of 15DEC07 for China in the family preference category F1visas are currently available for immigrants who have a priority date earlier than Dec.

Sometimes the demand for immigrant visas is less than the supply in a particular category and country of chargeability. Sometimes, a priority date that is current one month will not be current the next month, or the cut-off date will move backward to an earlier date.

This is called visa retrogressionwhich occurs when more people apply for a visa in a particular category than there are visas available for that month.

Visa retrogression generally occurs when the annual limit for a category or country has been exhausted or is expected to run out soon. When the new fiscal year begins on Oct. Usually, but not always, the new supply returns the cut-off dates to where they were before retrogression. You may concurrently file your Form I only when approval of the underlying immigrant petition would make a visa immediately available to you.

eb4 india priority date

If you are an immediate relative, you can always concurrently file your Form I application with the underlying Form I If you are seeking adjustment of status under a family-sponsored or employment-based preference category, you may concurrently file your Form I with Form I or Form I only if:.

Immediate relatives include: The spouses of U. The monthly DOS Visa Bulletin summarizes the availability of immigrant visas according to the: Application Final Action Dates chart consistent with previous Visa Bulletins and Dates for Filing Applications chart indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.

The waiting time before receiving an immigrant visa or adjusting status depends on the : Demand for and supply of immigrant visas. Per-country visa limitations; and Number of visas allocated for your preference category. For employment-based immigrants, the priority date depends on the following: If Then your priority date is the date: Your preference category requires a labor certification from Department of Labor DOL DOL accepts the labor certification application for processing.Legal Resources.

Judicial Assistance Country Information.

Availability of Immigrant Visas

The Visa Bulletin. Visa Statistics.

eb4 india priority date

Visa Policy Updates. USCIS, in coordination with Department of State DOSis revising the procedures for determining visa availability for applicants waiting to file for employment-based or family-sponsored preference adjustment of status.

The revised process will better align with procedures DOS uses for foreign nationals who seek to become U. Visa Bulletin For January Visa Bulletin For December Visa Bulletin For November Visa Bulletin For October Visa Bulletin For September Visa Bulletin For August Visa Bulletin For July Visa Bulletin For June Visa Bulletin For May Visa Bulletin For April Visa Bulletin For March Visa Bulletin For February Visa Bulletin for December Visa Bulletin for November Visa Bulletin for October Visa Bulletin for September Visa Bulletin for August Visa Bulletin for July Visa Bulletin for June Visa Bulletin for May Visa Bulletin for April

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