January 2012 Visa Bulletin for the FY 2012 was released yesterday. January visa bulletin brought 9 months movement for the EB-2 China and EB-2 India categories., thus moving it to the most favorable cur-off dates ever. EB3 categories advanced less than expected with EB3-ROW-M-P moving by 2 weeks. EB3-India and China moved as expected. All other categories are current as expected. Family Based category saw some movement.
Employment-Based (EB)
Below is a summary of the January 2012 Visa Bulletin with respect to employment-based petitions:
- EB-1 remains current across the board.
- EB-2 remains current for EB-2 ROW, Mexico and Philippines. EB-2 India and EB-2 China both move forward by nine and a half (9.5) months to January 1, 2009.
- EB-3 ROW, EB-3 Mexico and EB-3 Philippines move forward by only two (2) weeks to February 1, 2006, EB-3 China moves forward by five (5) weeks to October 15, 2004, while EB-3 India moves forward by only one (1) week to August 8, 2002.
- The “other worker” category remains unchanged (again) at April 22, 2003 for China. It moves forward by one and (1) month for ROW, Mexico and Philippines to February 1, 2006. It also moves forward by three (3) weeks for India to August 1, 2002.
Family-Based (FB)
Below is a summary of the December 2011 Visa Bulletin with respect to family-based petitions:- FB1 moves forward (again, for fourth consecutive month). FB1 ROW, China and India all move forward by six (6) weeks to October 15, 2004. FB1 Mexico moves forward by one (1) week to April 15, 1993 and FB1 Philippines moves forward by six (6) weeks to April 15, 1997.
- FB2A moves forward by one (1) month to April 22, 2009 for ROW, China, India, and Philippines. FB2A Mexico moves forward by six (6) weeks to March 22, 2009.
- FB2B ROW, China and India move forward by three (3) weeks to September 8, 2003. FB2B Mexico moves forward by only one (1) week to December 1, 1992. FB2B Philippines moves forward by two (2) weeks to September 1, 2001.
VISA AVAILABILITY IN THE COMING MONTHS
CHINA-MAINLAND BORN AND INDIA EMPLOYMENT-BASED SECOND PREFERENCE VISA AVAILABILITY IN THE COMING MONTHS
The China and India Employment Second preference cut-off date has been advanced at a rapid rate in recent months. As previously noted, this action was intended to generate significant levels of new filings for adjustment of status at U.S. Citizenship and Immigration Services (USCIS) offices. USCIS has reported that the rate of new filings is currently far below that which they had anticipated, prompting an even more aggressive movement of the cut-off date for January and possibly beyond. While this action greatly increases the potential for an eventual retrogression of the cut-off at some point during the year, it also provides the best opportunity to utilize all numbers available under the annual limit.
As per statement in Visa Bulletin, demand is still very less for EB2-IC and DOS expects to move dates more aggressively only if demand will stay low for next few month(s). Advancement could be as big as 4-6 months minimum. It is unclear so far that such movement was solely based on less demand or HR 3012 also played a role in Mr. Oppenheim's decision. In any case, even with multiple PERM factor, 01 January 2009 or little more movement is plausible in wake of HR 3012. So far Mr. Oppenheim has stuck to his prediction, and movement in February 2012 visa bulletin cannot be discarded. More on demand could be inferred from January 2012 I-485 Inventory that will be released in Jan-Feb 2012. So far lets hope for the best and be ready for the worst.
EB3-ROW-M-P movement was less than anticipated. As per our calculation that's only 1300 visas worth movement. Not quite sure yet If HR 3012 is affecting Mr. Oppenheim's decision but we will know more in successive visa bulletins. CP demand is always unknown to us and with recent release of NVC waiting list that numbers must have changed significantly. This could be reason for the difference in movement of 3 weeks vs. 2 weeks.
FB Categories
No Notes
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94 comments:
is there any place we can find how many people filed 1-140 in 2008 and 2009 . that mat give an estimate how much further PD will be moved in 2012. my PD is sep 2009.
We can look for such data but you would think all those whose PERMs were approved will file for I-140. Give and take few numbers here and there. Important thing is to understand Multiple PERM factor. How many of these were more than single filings due to change in job. Yes, I-140 numbers will be helpful to estimate people who abandoned the case to some extent.
got u r point .USCIS talking abt possible retrogression in 2012 scares a bit .
I understand it is scary but dates moved far more than usual. At some retrogression is bound to happen. How much? is still unknown.
My priority date is april 21 2009. When you think it will be current. please let me know.
My Priority date is Feb,last week 2009. Any idea when it will become current.
I am hoping for next month. Let's see.
Hi CM,
My PD is EB2I - 01/14/2009.
do you think I should be ready with my medicals?
do you see any chance of stall/retrogression of PD movement in the Feb'12 bulletin?
thanks in advance!
-vivek
I am an immigration novice. I would like to understand why the dates have to retrogress and why they won't just hold them to the high watermark for say, a full year. Is there any particular reason? Thanks.
During the I-485 process, one's Priority Date has to be current on two occasions :
1. At the time of filing the I-485 application
2. When the I-485 application is adjudicated (approved)
DOS publishes the monthly bulletin based on anticipated demand. If the actual demand is greater than the number of available visas, DOS is forced to retrogress the Priority Dates.
Hope this helps...
Thanks Nik. So are they forced to adjudicate the I485 in a certain number of months? What if they keep the dates stalling at 1st January 2009 for as long as it pleases them, and simply NOT adjudicate the I485 unless a visa number is available? Retrogression and subsequent juggling of the visa bulletin seems strange to me and I am wondering why not just stay put at the high watermark.
Hi CM,
After a long wait, my PD, Nov 3rd 2008 EB2I will be current in Jan 2012. Is it possible to opt for CP now, as I am working in India (for same company), but later change it to AOS, if my company apply my H1b/L1b by Jan 2012 (still not decided). I am worried that I should not loose this chance because of possible retrogression in upcoming VB. Please suggest.
Regards
Thanks Nik.
I still could not understand why the dates have to go back at this point. What if they just kept the current PD Jan 1st 2009 say until October 2012 unchanged? If the demand is larger, they would simply use FY 2013 quota + spillover to give green cards.
It makes sense to go back if there any time limit for them to adjudicate an I485 case. Let me know if that's why retrogression happens.
My Pd is March 2003 EB3 India. When will it will be current?
Hi CM_USNonImmigrants,
How can you guess this date to be next month? Since PD moved 9months as per latest visa bulletin, don't you think that they are already have their hands full? I am just trying to see your PoV. My PD is also April 2009.
Hi CM,
Can you please help me as I am in a fix here..
I am the primary applicant in EB2-India with PD Feb-2008 and just filed for AOS today and also had my wife's application as a dependent.
My wife has previously been on L1 and is currently on H1 status since 2007. She started working on H1 with Company A in Oct 2007. In Oct 2009 she applied for H1 transfer to Company B and started working after getting the H1 receipt(not approval). But that H1 transfer got rejected in November so she came back and started working on the same project with her earlier employer i.e. Company A.
My problem is we forgot to mention this employment with Company B in my wife's(dependent) application and also did not provide any 797 notice for this work(as we did not have an 797 approval notice). What should we do now? Can we apply for some amendment or any other suggestion? Is there some G325A Amendment that I should file and if so what all should I mention(the COmpany B's details and I-797 Acknowledgement receipt).
Since the issue is on the dependent application.Do you still think it is an issue or does USCIS not care much about the dependent application. It is a genuine slip and not intentional so want to take corrective measures before it is too late.
Please advise.
Hi Aniket...if the demand is larger than the current availability of visas, I believe DOS doesn't have the flexibility to utilize future quotas or spill overs. They are forced to retrogress back to the point where the number of I-485 applications which are current exactly matches the availability. After which, the visa bulletin conitues to move ahead or stay put till new visas become available.
To my knowledge, there is no time limit for adjudication. Looking back to July 2007 when DOS made all EB2/3 PD's current for India and China, several thousand I-485 applications were filed and many in the EB3 category are still pending.
Having said that, I think your question continues to be valid. There has to be some better way to predict demand and allocate visas. Retrogression makes the process highly unpredictable and this causes a lot of frustration and anxiety because people are unable to plan. I believe this is avoidable, if only they can change the system !!!
Hi CM,
My dates got current. Please let me know if I need to get the original affidavits for Birth certificate since the registration is not the same year of my Birth, or they can be copy. And also can I submit the copy of the Birth certificate.
Just to further clarify, the act of retrogressing is important from the USCIS perspective because it helps the various processing centers to determine if an application is current, and therefore whether it can be approved or not.
Hi CM,
When you are looking PERM data each have u considered that PERMS are approved atl east by 9 months after filing.
HI CM,
When you are looking PERM data each have u considered that PERMS are approved atl east by 9 months after filing.
Hi CM,
I got current in Jan Bulletin. Now on my Birth Certificate my name is not there (my DOB, father mother name is only there), thus in Affidavitt also my name is kept blank and rest of the information is correct (i.e. matching my passport). Will this cause problem? and what's the solution
Thank you Nik :-) In that case, I hope that the USCIS is very slow in converting the I485 is an actual demand and the spillover minimizes the need for the retrogression.
Hi CM,
Do you think my priority date of Feb 17 2006 EB3 PHIL WILL BECOME CURRENT next visa bulletin ? Quite worried about the effect of HR3012. thanks a lot
If the information on your BC is wrong/missing then you have to get 2 affidavits from your parents. These should have your name mentioned along with stating that fact that you are born on so and so day. Apart from these, you need to submit a secondary evidence such as school certificate, ration cards etc (Which are given early in your life, not something recently acquired). An attorney who is assisting your case will guide you better.
Good Luck,
Paddu
Hey CM,
Do we need to submit old I-94's while applying for I485?
Thanks!!
Get an affidavitt from your parents stating all the details, including your name.
2012 feb
CM,
My PD feb-04-2008 EB2 INDIA. I applied AOS this month.When can I get my GC . Its TSC.
Thanks
Hi,
Can you guys help me understand the unique situation I’m in for my Green Card process.
Here’s my situation, I applied for my Labor in EB2 back in 2008 and got approved recently (after 3 long years), in the mean time when I went to India to get my H1B visa stamped I got 221g and my visa was refused and I’m still stuck in India, with all the forward movement of Priority Dates these days, can someone tell me if I can apply for I-140 and I-485 concurrently.. I heard that for applying I-485 you have to be in US, is this also true of Consular processing… Please help me understand this whole process… thanks a lot in advance.
Your response will be greatly appreciated.
Another victim of this stupid 221g.
You are right, In order to file for AOS, a person has to be in US. In your case, you can file concurrently I140 and I485(Consular Processing).
As long as your GC sponsor has future employment for you, they will schedule an appointment, if you are in US at that time, you need to go to india.
I am not sure if you change CP to AOS once arrived in US, you gotta check w/ an immigration attorney.
Hope this helps.
Good Luck,
Paddu.
CM, PD Dec 4th 2007 Eb2 Ind , applied AOS this month ( Both spouse and self with a 10 day gap from each other ) . When should I expect Green Card and when EAD?
I have a EB2 PD od Sep-2010 (India). I am currently on the 3 year H1 extension and have the approval. If I go to visit India, what are the chances (and reasons) that my visa will be denied?
When is the EB2 Sep2010 PD expected to be current?
In these type of cases, wouldn't it worth your while and peace of mind to spend $100 and set up a consultation with a reputable lawyer?
Hello CM
As per my assumption and referrring to some inventory details, total I140 for 2008 was around 1500 and I see the same number of I140 in 2009. And as there was less filings of I485, I think the next VB can move to January 2010. What is your understanding on this?
50%
Hi CM,
I have a query regarding my AOS application....My PD is Oct 2007...I applied for AOS in Nov and my receipt notice for 485 is Dec 1st 2011...I applied together with my wife...I got my biometrics appointment for Dec last week...But we did not receive the biometrics appointment for my wife yet....Is this normal that we receive them separately and on different days?? Why the delay for my wifes biometrics?? Is there possibility to receive green card also at separate times like a delay in her case?? Please comment on this..I m wondering if I should call the Texas service center to ask about this..Your input will help me...Thanks a lot.
Its not 50%. It really depends on why you feel you will be denied.
Do you work for a consulting company? Do you work in the IT field?
These play a huge factor. For example, if you have a US masters or phD in a STEM field and work in a reputable company, there should be no issue.
Hi CM,
Sorry for posting this in wrong discussion group. can you please give me advise on this?
Here is my situation
H1 Extension Filed Date: Aug 20th 2011
I 94 & Previous H1B Expiry Date: Sept 25th 2011
I485 Filed on: Nov 5th 2011
No RFE on H1B and Vermont is taking too much time to process Normal Processing the applications.
I94 was expired few months back before I485 Filing Date and working on H1 B receipt Number.
I am derivative applicant (Primary is my Spouse) and received EAD and AP documents on Dec 10th 2011.
I am planning to visit my home country next month by using AP, Since H1B is still in Pending Status if i use AP at Port of entry, automatically MY status will be changed to Immigrant parolee and H1B will be deactivated or deny automatically based on new i94 number and I have to use EAD to continue the job.
I don't have any issues to use EAD for the work, however my Main concern was I will be considered out of status for duration from the day after the I-94 expiry and I485 filing date.
Is it right statement? If so, what are the options available currently to avoid this situation, if i use AP to enter USA. Can you please provide your suggestions on this?
My PD is June 15th 2009. When do you think it will be current?
I would say be ready with your documents. Chances are 60-40 for stall and retrogression so far. We might not see some movement in next bulletin. With HR 3012 almost in lingo now there is no good reason to move dates. Even with Multiple PERM factor of 60%, intake is far more than required. Mr.O. might test the water for a month or two before making any such movement. But above all, he will do what he has in mind. Movement may be just to have enough buffer for next fiscal year so he does not have to go through this ordeal every year. It makes his job more easier when he has enough demand in hand.
If your employer /lawyer opted for CP during filing your I-140 then it would be straight forward but if they selected AOS, transition would be difficult. Reason being NVC is not aware of your intent to go for CP, and getting you documentarily qualified will take atleast 9-12 month. By the time you will be documentarily qualified, dates will regress. You can go either way but by the time you could file dates will retrogress. Changing CP to AOS easy but otherwise is not.
Aniket, Nik has explained this very well. Retrogression is important to keep visa use and applicants expectation in check. This helps IO to use visa wisely only for cases that are eligible and should be processed.
It can take anywhere from 8 month- 2 year
Only reason will to have enough buffer in hand so they do not have to play this game every year. Visibility in demand makes DOS job pretty easy. When I suggested that I had HR 3012 in mind. But status of this bill is now doubtful with recent development. That said, I do not see any more movement is necessary unless demand is still low than what DOS has in mind. Statement from DOS clearly mentions filing rate vs demand. So it means they are keeping an eye on USCIS issued receipts. So all in all, in today's scenario, I would believe that they should have enough application until Jan VB but when Feb VB will be decided filings due to recent 9 month movement will still be coming. So may be one more movement is plausible.
SInce your wife started working for the new petitioner (I mean I-9 was filled for the new company), her first H1-B or petition could be considered canceled. She may be out of status. You should consult an attorney. This is complicated.
As far as your I-485 petition goes, let USCIS contact you about this. Do not try to muddy the water by contacting them. Once application is filed, it cannot be amended unless you withdraw it or refile it. I will wait of RFE, that too if it will generate one.
Your case will NOT be affected by any means as you are primary applicant. Your wife application may or may not receive RFE or NOID. It all depends. In any case you can refile her case again based on your approved petition through CP or I-824. In any case you should consult a lawyer.
If registration is not within two year from birth, I will submit copy of birth certificate and affidavits from parents.
HI Sreeni, I am not sure what do you mean? Can you please elaborate? Thanks.
In affidavit, you will need your parents/petitioner to mention your full name. This is necessary as USCIS would not know who has person sworn in for.
I gonna work out dates in few minutes and post them.
Agree with Paddu.
Just last I-94, and not all as you are not suppose to have them. Last entered I-94 is needed to calculate your lawful/unlawful presence in US. Anything before that is not considered in most cases.
4-6 months if dates will not retrogress. In any case you will be greened this fiscal year.
Paddu answered this in detail, but you still will need to wait for I-140 approval and then wait for NVC to make you documentarily qualified. Whole thing can take atleast 6-8 months. Changing from CP to AOS is very simple.
EAD 90 days and GC anywhere from 4-6 months depending upon SC. You and your wife will be greened this summer.
I am not sure if your visa will be denied but issuance of 221(g) in India is on rise. Sep 2010 will take some time to be current. Atleast a year I guess.
I am not sure what document you are referring to. Can you post link to the document over here. Just make sure you are not looking at CP data for I-140.
You should not be considered out of status since you had H1B petition pending with USCIS. You will be fine. Even if in this case IO thought you were out of status, he cannot deny your petition since you were not out of status for more than 180 days, You are golden. Do not worry.
See this - http://us-non-immigrants.blogspot.com/2011/07/understanding-section-245k-to-use-it.html
Hopefully next month else you will need to wait for some time.
My lawyer had forwarded my case after I-140 approval to NVC. I have the NVC case number with me. My lawyer says they are waiting for the fee bill notification from NVC. Please let me know if it will be possible to get an CP interview date before retrogression? How long will it take to get an immigrant visa thru CP in my case (EB-2 India, PD Nov 3 2008) ? Thanks!
CM,
With the current trend, when do you think I can file for I485 with a PD Jan 07 2010 EB2I?
Appreciate your time.
MK
My lawyer had forwarded my case after I-140 approval to NVC. I have the NVC case number with me. My lawyer says they are waiting for the fee bill notification from NVC. Please let me know if it will be possible to get an CP interview date before retrogression? How long will it take to get an immigrant visa thru CP in my case (EB-2 India, PD Nov 3 2008) ? Thanks!
It is unusual that she did not receive biometrics with your receipt but anything is possible with USCIS. You can call TSC and talk to L2 about this. usually your and your wife case will be approved together.
In that case you should be fine. just wait for NVC visa bill to file your paper work. IN this case CP will get you GC faster. Stick to it. You can change to AOS whenever you will be in US. I would still prefer CP.
Sometime in 2013,I believe so far.
Thanks CM ! I have decided to go for CP.
I applied 485 on dec13 instead of 1st, is my gc delayed by few months already. Pd ebb ind in dec07.
I've been working with H1B since 2006, this past July I went to renew my H1B(for the 4th time) with my wife and got stuck with 221g Administrative Process.
Funny cause we both went together, and hers was given without trouble, anyways, I was stuck Since July 12th(my appointment date) until September 1st I got my clearance.
My issue was because I have a common name. So hang in there, they will eventually clear you.
Hope it helps
Thanks for the reply.
I have seen same kind of reply from you for PD Sep 2010 EB2I also, do you think no difference between Jan 2010 and Sep 2010?
Please clarify....
Aprreciate your time
No, I dont work in IT, nor do I work in a "big name" company, and I dont have any degrees from US.
Thanks CM
Thanks...I just did contact Andrew Wilson of Lawbench.He suggested that I should fill out the 325A for my spouse again with the correct information and send it to USCIS with a cover letter.
Hi CM
I applied for my I-485 this November.My PD is Sept 2007. Got my FPs and am waiting for the EAD and AP.
Both me and my spouse have a valid I-797 but our visas are expired. We want to travel once we get AP.
Many are suggesting not to travel when your I-485 is pending, but given the circumstances we do not know how long we have to wait to get the GC approved.
Will there be any issues if the GC gets approved when we are outside the US? What are the chances of my GC getting approved before Feb 2012?
I would say for your PD, it would not matter for this fiscal year. Approval time at most will be delayed by 3-4 weeks compared to those applied on Dec 01.
For September 2010, I said FY 2013 - 20-14. Actually yes, I do not see much difference between two because to get current dates may move faster than retrogress (whenever will happen). Time to get GC can be different. It is just same as there is no difference between PD 15 July 07 and 01 Jan 09, they both got current within few months. Hope this helps.
In that case you should do what attorney is asking you to do. He may be right person to guide you in case any issue arises later.
If you will get your AP, you should be fine with traveling. In case your GC is approved in Feb 2012, you can re-enter US after approval with valid and unexpired AP. There are good chances you will be approved in Feb 2012 if you applied to NSC. TSC is less likely. Chances for NSC is also less than 70%.
Thank you. Yes we applied at NSC. We will be back by Feb 2012.
Thank you for all your efforts and valuable advise.
I have similar situation. We applied on 1st Dec and my priority date is 28th Dec, EB2 India. When do you think we can get approved? Can we get approved before the start of last quarter when there is visa spillover?
SR, how much time after you applied did you go for finger printing. I haven't heard anything from them yet? I applied on Dec 1st.
CM,
My priority date is Nov 1, 2008. As it has become current in Jan visa bulletin, when do you think we can expect EAD & GC if filed from VSC?
Dear CM:
It is a bit confusing to me that your answer here and your prediction on the retrogression around May/June 2012 in the latest article.
Are you saying that the Dec 2007 Priority date will receive green card in summer 2012 even the date retrogress?
Another question is does it matter whether filing with TSC or NSC?
Thank you and appreciate as always.
CM,
My attorney just filed my I485 on 20Dec, but my PD became current as of Nov2011.... I was wondering if i'm late and when will i get EAD and GC??
Thanks again for all your hard work, it really helps people like me alot. May god bless you.
Hi CM,
Thanks a lot for maintaining such a informative blog. We all are really thankful to you.
I am not sure whether I am posting this in the right forum.
I am about to file my EB2I in this Jan 2012. Paper work is almost ready.
My company is giving me another option to go back to India and come back and then file in EB1. Which will delay my application by 1.5 ( calculating some lead time). The catch here is its hard to predict how the immigration-rule will change in another 1.5 years . They might take EB1 for manager completely out.
I am at a juncture where I am not able to take a decision.
Based on the current prospects any advice how to proceed ?
Id Dec 2007, hell yeah you will be approved by September 2012. In fact way before than that.
FP appointment date depends upon your local ASC work load. If your local ASC is busy you will get FP notice little later than usual. Usually you should receive FP within 2 months from filing. If not then you should USCIS to ask them about the reason of delay.
I am not sure why you have to file at VSC. Mostly it is TSC or NSC. In any case , your EAD will be available within 90 days and GC can take atleast 9-12 months because we expect dates to retrogress before you will receive GC.
eb2c, if you will read that article you will see that I had made a note that if retrogression will happen it will only happen until late 2007 that too around August-Sep 2012 for a short while. This will only happen once most of the visa numbers will be used to approve cases atleast until April-June 2008. Since USCIS approve cases randomly, and processing procedure and time is different at different service center, I am pretty sure there could be few folks who has PD before April-June 2008 who may miss the boat for a month or two but will be re-approved again in October 2012 when new allocation is available. Hence most of the folks upto April-June 2008 should be greened when retrogression will happen. Few unlucky ones may miss the chance and their PD will determine retrogression cut-off date.
Yes it matters a lot with current trend. TSC is slow in processing and NSC is quick in approvals.
Delay of 45 days can delays your GC in hand time at most most by 45-60 days. You will receive EAD within 90 days from 20Dec.
I would file EB2 petition not matter what. Then once it is approved, you can decide to come back and work for company here. It makes no sense to go back and lose this opportunity and restart everything with EB1-C. If I would you, I would go ahead and file and then let things fall in place with time. Of course. this all depends on if they are ready to provide Employment Verification Letter for current filing.
This is the best way employers lure employees. Common if you apply in EB2 you will get in as less as six months. Try as hard as you could to push them to file for you.
Hey CM,
Our PD is August 2007. I was in India and applied for AOS in late December. The date is December 2009. By when do you think we will get our EAD? and also GC ...if Retrogression happens and doesnt happen both cases ....
Thanks
typo .. I meant AOS date receipt date is December 29 2011 ..
Thanks
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