Thursday, February 21, 2013

In FY 2013 EB will get 18,000 more visas


Earlier this month, DOS updated the Visa Statistics links thus giving the official FY 2012 numbers.

Good news from this is: There will be about 18,000 more Immigrant Visas (Green card) available to be given out to Employment Based categories this Fiscal Year (FY 2013). The law is that what ever immigrant visas was not used last year by Family Based immigration will be available to Employment Based Green Card this year.

This has also reflected on the Demand Data. DOS has updated the March 2013 Demand Data link as well. By going by this data this is how the new calculations will look:

Instead of 140,000 there will be 158,000 visas available for FY 2013. In that, EB1, EB2 and EB3 will get 45,188 each instead of 40,000 per category. EB4 and EB5 will get 11,218 each instead of 9,940 per category. So, EB3-India will get 3163 instead of the usual 2803. Same is with EB2-India. More good news is that all the spill over from EB4, EB5, EB1, EB2 ROW will go to EB2 India and China.


To view the Visa Statistics -- Please Click Here

To view the Demand Data -- Please Click Here

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78 comments:

  1. wow. good news if its true. Of the 18K how much will be for EB2-I ?

    ReplyDelete
    Replies
    1. Surely 3163. We have to wait for the actual spillover data.

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    2. since the rule is to equally distribute the 18k visas among all EB categories and then limit with a 7% country limit, EB2-I will not benefit a lot. thoughts?

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    3. Checkout this link for more details on spill overs:

      http://uscis.topimmigrationnews.com/2013/02/eb-category-to-receive-18000-additional.html

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    4. Ambals - pl. correct if i am wrong but of the 18k FB visas, EB-3 and EB2WW each get 5K and so remaining for EB2I and C is only 8k. isnt that correct ?

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    5. There is no such thing. Of the 18K, EB3 will get 5,188 and EB2 will get 5,188. In that 5,188 of EB2 is getting, EB2 - India will get 360. Anything more than that will come from spillover. We need to wait for that number.

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  2. I have PD OF Oct 2012.. When do you think I will get my EAD? Because I was planning to goto India and then come back when dates move.

    ReplyDelete
    Replies
    1. Probably after another 5 years.

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    2. Will it be 5 yrs? Vow!!! Thanks Ambals!

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  3. Thank you for posting this useful info and your time and effort. It's exciting to see this.

    Based on this what will be the priority date in Jan 2014. Will it be in 2010 or 2011 or 2012.

    ReplyDelete
    Replies
    1. We need to wait for this FY to get over. So, it will become clear after Sept 2013 Visa Bulletin.

      Delete
  4. Great blog, and very useful information. Based on this what is your assumption for PD of Feb 25, 2008?

    Is I-485 the last step in getting a green card?

    ReplyDelete
    Replies
    1. Hopefully, September. Yes, I-485 is the last step. But, lot of things that goes with it -- like finger printing, medical, FBI name check....

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  5. 1. DD link shows the same data as of Feb 8. What was updated?
    2. will they not give these 18K family visas to DACA or CIR related measures instead of giving it to employment based categories?

    ReplyDelete
    Replies
    1. 1. The DD didn't change but the first page in the PDF changed.
      2. No. The law is to give it to EB.

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    2. Mr. Ambals - great blog. One question - Do you think the CO prediction in the latest visa bulleting of " no movement till June" was before or after this FB visa spillover was known? If after then no hope of movement till Q4. Otherwise, any chance we see movement in Q3 itself ?

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    3. Not sure. But either way, I feel it will be in Q4. It will be great if they move it in Q3.

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    4. and in Oct 2013 when the new FY begins will PDs retrogress or stay at the dates that it ended in Sept ?

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    5. mostly retrogress to give room for porting.

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    6. did you mean it will retrogress back to 2004 type of date again or something like mid/late 2007?
      I say 2007 because any spillover would have cleared all backlogs till 2007 atleast.

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  6. Great news!!! thanks a lot for posting this. Much appreciated.

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  7. Thats a good news!

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  8. That is really great news! What do you think what will be the Priority date by end of 2013? Thank you very much for posting information on regular basis.

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    Replies
    1. Hopefully mid 2008. Depends on porting and spillover.

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    2. By end of 2013, does that mean September or December 2013?

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  9. that seems like good news. i hope they dont mess up by opening up a lot of dates in a proper FIFO manner.

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  10. Great News for Inida Eb2.
    What is your new prediction/calculation? India EB2 PD will be April 2008 this year?

    ReplyDelete
    Replies
    1. Hopefully in September. Totally depends on number of porting and spillover.

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  11. Ambals, thanks much for sharing the info. What's your prediction on when June 2005 EB2-I applications would get current? With the FB spillover do you expect the dates to move starting April bulletin?

    ReplyDelete
    Replies
    1. I think it will still be July VB. But, hoping for it to be earlier.

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  12. A question about I485 filing. is the Police Clearence from home country is required while filing or in the process of Green card?
    Please clarify.

    ReplyDelete
    Replies
    1. As far as my understanding goes, we don't have to do anything from our side. But, they don't disclose what all checks FBI does.

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  13. Since they were talking about spillovers around 9K sometime back, that means only categories that will consume this extra 18K would be EB2 (I + C), EB3 and EB5. If other categories needed the extra visa then there wont be 9K spillover at the first place. So approx 5000 for EB3 and approx 1000 for EB5, remanin 12K will be complete spillover to EB2 I and C. Hence total spillover EB2 is 12 +9 = 21K and of course there will be portings as we move forward. Please correct me if this calculation seems wrong.

    ReplyDelete
    Replies
    1. Not sure... let me write something about it...

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  14. Looks like EB2(I) dates will move on last quarter of this FY2013. based on demand data Jan-2008 PD will reach easily irrespective of porting.

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  15. July VB- Sep-1-2007
    August VB- Jan-1-2008
    September VB Mar-1-2008

    ReplyDelete
    Replies
    1. I have my EAD and also answered the I-485 query (resend marriage and birth certificate). Is it just wait and watch for 485 approval or something else needs to be done during that stage.
      I have a priority date off Jul 31, 2007. Not a porting candidate. Have been waiting to go green for quite a while. Need to be rid of my blood sucking employer soon.

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    2. As long as there is no more queries, it is a wait and watch. Hopefully, you will get your GC by Sept.

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    3. Thanks Ambals for the quick response. I am restless to do AC21 to leave employer but people are asking me to somehow get through this year as I am too close because of rejections there too.

      Also I am planning a visit to India in couple months, should I use EAD/AP or go for stamping? If this is not linked to the discussion on your forum you need not answer this question.

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    4. You should consult an immigration lawyer giving details about your situation.
      As a general rule of thumb, it is better to maintain H1b as far as possible, so go for stamping. If you are using EAD/AP, then you might as well switch jobs.

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  16. what about PD 2010 march? What is your estimate of that being current? Do you suggest AC21? Recently, heard a lot of cases were denied even if AC21 was filed

    ReplyDelete
    Replies
    1. Too early to talk about March 2010. Sept VB will give a better idea about next FY.
      If the papers are in order and have a good immigration lawyer, you don't have to worry about AC21.

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  17. hi ambal.

    can you pls. explain the math how you came to 18000 using actual numbers. it will be a good learning exp. for all of us

    thanks once again.

    ReplyDelete
    Replies
    1. Actually, there is no math. You see the last year's visa report and see how much they didn't give in the annual FB number.

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  18. Hello Ambal - My PD date is March 2005 in EB2 - India - when would it become current ? Thanks in advance

    ReplyDelete
    Replies
    1. I think it will be July 2013. Hopefully, earlier than that.

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  19. Any idea of when Oct 2008 PD can get GC? It looks like those with PD after Sep 2008 are on edge and might have to wait for end of next FY

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  20. Hi,
    My PD is December 2010, when can i expect my EAD ?

    ReplyDelete
    Replies
    1. As per current trend, 5 years from the priority date.

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  21. Hi Ambals, could you estimate the total spill over that EB2(I) will get this FY ?(both from previously estimated 13000 and this 18000).

    ReplyDelete
    Replies
    1. ambals - Please do take into a/c the latst prediction wherein there seem to be no spillover from EB2ROW or EB1 to India. see below link:

      http://www.cilawgroup.com/news/2013/02/25/visa-bulletin-predictions-and-updates-from-charles-oppenheim-february-2013/

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  22. My PD is NOV 2006,When Can i expect my GC

    ReplyDelete
    Replies
    1. Surely by Sept. I am hoping by July.

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  23. On October 24, 2012, in a meeting with Department of State officials, the Visa Bulletin predictions were made. The news is glum for the India EB2 priority date, which will not move much the rest of this fiscal year, which ends September 30, 2013. At best, it is expected that the EB2 category will not advance beyond the first quarter of 2008, which ends on March 31, 2008.

    EB2 India—There are approximately 20,000 applicants for EB2 visa numbers in the queue. The annual limit of EB2 visa numbers allocated to India is 2,803 (may be +500) EB2 numbers per year. No forward movement is likely in the foreseeable future. The best case scenario is that India EB2 will advance to the first quarter of 2008 by the end of fiscal year 2013. A ten year wait in the EB2 line for India is ever more likely.

    So, Sep VB we can see Jan/Mar-2008 PD will be current.

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  24. Thanks for pointing the numbers that there are 20K applicants for EB2 visa in the queue and annual limit is around 2803 per year. However, do we know how many of these 20K EB2 applicants are before Aug 2008 or where would i be able to keep track of that information?

    ReplyDelete
    Replies
    1. You can get it from the latest inventory data. http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=16551543455e5210VgnVCM100000082ca60aRCRD&vgnextchannel=16551543455e5210VgnVCM100000082ca60aRCRD

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  25. Hi Ambals, Thanks for the superb job you are doing with this blog. This is my go-to place for most accurate information on GC predictions. What is your prediction for PD of Feb 2011 ?

    ReplyDelete
    Replies
    1. As per current trend, 5 years from the priority date.

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  26. My PD is May 2010,When Can i expect my GC

    ReplyDelete
    Replies
    1. As per current trend, around 5 years from the priority date for EB2 India.

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    2. So I get my GC in 2015

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  27. So I will get in 2015(PD is May 2010 EB2)

    ReplyDelete
  28. My PD is Jul 2008, when can I expect GC ?

    ReplyDelete
  29. So I get my GC in 2015...

    ReplyDelete
  30. Any predictions on when someone with AUG-2008 PD can get GC?

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  31. Not so good news for EB2(I)...check this link...

    http://uscis.topimmigrationnews.com/2013/02/new-updates-from-charles-oppenheim-dos.html#more

    ReplyDelete
    Replies
    1. Perhaps we are better off not keeping any hopes until the actual PD arrives in visa bulletin!

      Delete
  32. Hi , my PD is 25 sept 2004 . When can I expect my GC . I have my medical , finger print already done . Thx

    ReplyDelete
    Replies
    1. Hopefully July 2013 for EB2 India. I sincerely hope it comes before that.

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  33. Hi,

    Your blog has been very helpful, thank you for the great information.

    I have a question based on the FB to EB spillover. Apart from your blog, I read from the link below as well http://blog.mygcvisa.com/2013/02/eb-category-to-receive-18000-additional.html

    Is there a law that governs this spillover? I had in my mind that FB spills over to FB and EB to EB. I didn't know the "cross" spillover was possible. Can you please share a link if you found the law that governs this?

    Thanks!
    Karthik

    ReplyDelete
  34. When will march 18th 2008 date would be current ?

    ReplyDelete
  35. Best case Sep2013. Worst case Sep2014. I sincerely hope so.

    ReplyDelete
  36. Ambals: Can you please share your comments on below mentioned mail response from attorney. I took this post from another site.

    --------------------------------------------------

    From: David Ware
    Date: Sun, Apr 14, 2013 at 2:00 PM
    Subject: RE: [General inquiries] Outcome of meeting with Charles Oppenheim
    To: <---@gmail.com>


    Yes, india EB 2 will advance a bit, not much by July or August.

    David Ware
    Attorney at law
    Ware|Gasparian
    3850 N. Causeway Blvd., Suite 555
    Metairie Louisiana 70002-1752
    Phone: (504) 830 5900/(800) 537 0179
    Fax: (504) 830 5909
    Other Locations: Baton Rouge. Jackson. Pensacola. Birmingham. Seattle
    To visit our website, click on the logo below.
    If you wish to make an appointment: Please call Yolanda Mata at the numbers above.





    -----Original Message-----
    From: info@david-ware.com [mailto:info@david-ware.com] On Behalf Of ---@gmail.com
    Sent: Friday, April 12, 2013 2:01 PM
    To: David Ware
    Subject: [General inquiries] Outcome of meeting with Charles Oppenheim

    --- sent a message using the contact form at http://david-ware.com/contact.

    Hi,

    You have an article on your website that states that you were going to have a meeting with Charles Oppenheim on April 6 to get projections for EB2 India and China. Below is the link to the article. Were you able to meet with Mr.
    Oppenheim and would you be able to share the outcome of that meeting?

    http://david-ware.com/immigration-in...eb-2-and-india

    Thanks.

    ReplyDelete