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designguy

August Bulletin Retrogression for ROW EB visas

By designguy in Work Visas

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fs2439 Collaborator

fs2439   46

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Filed: O-1 Visa Country: Brazil
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3 hours ago, designguy said:

I don’t think so. EB2 requires a perm and EB1 doesn’t. So you can move up to EB1 from EB2  but if you try and go down you would first need a perm. I think...

Eb2 niw doesn't require a perm

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randomstairs
randomstairs

Because there is a per-country cap for EB2 (but not EB1), which is resulting in those born in India to face a 10+ year backlog. That's not the case for EB1 where the backlog is "only" a few years. So

designguy
designguy

Ill keep my fingers crossed for you. Keep us updated on your progress

fs2439
fs2439

best of luck. i will file an eb2 and need final action date to be current for adjustment of status as well

IJJ Contributor

IJJ   18

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Filed: AOS (apr) Country: Singapore
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On 8/20/2019 at 1:57 AM, randomstairs said:

EB1 is a different animal altogether. EB1C is an avenue for those stuck in the EB2/3 "backlog" to become current. So the demand is extremely high which is why the dates are retrogressing. EB2 doesn't have that issue so it will almost certainly become current on Oct 1st, as it always does. 

 

Thats good to know. Oue I140 has just been approved and our PD is early this year, so hopefully, by Oct, it will be current for us to apply.

 

How long is the I485 process? I heard various timeline from 3 months to 1.5 years. Kind of confused how long it actually will take.

 

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randomstairs Community Regular

randomstairs   303

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Filed: Citizen (apr) Timeline
Posted (edited)
6 hours ago, IJJ said:

 

Thats good to know. Oue I140 has just been approved and our PD is early this year, so hopefully, by Oct, it will be current for us to apply.

 

How long is the I485 process? I heard various timeline from 3 months to 1.5 years. Kind of confused how long it actually will take.

 

Even if it's not current by Oct, it will become current soon after for your PD (a month or less). Yes, the I-485 processing times are hard to predict. They also keep transferring cases between offices and the processing times vary among them. It's almost always better to file concurrently. (See if you can file before the I-140 approval. I'm not sure if that will help at this point though.) The I-140 approval is a critical date in terms of I-485 processing. USCIS won't even touch the I-485 application before your I-140 is approved. But generally, if you file concurrently you'll get the GC faster. 

Edited by randomstairs
03/04/2016 AOS (EB2-NIW concurrent with I-485) mailed to Lewisville TX Lockbox
03/07/2016 AOS delivered to USCIS and signed
03/12/2016 Case received by Nebraska Service Center (NSC)
03/14/2016 Text notification received for I-140/I-485/I-765/I-131.
04/08/2016 Biometrics notice received for 04/21
04/13/2016 Biometrics early walk-in completed.
04/15/2016 EAD/AP combo card received in mail.

 

Long wait begins...

 

11/04/2016 I-140/485 cases transferred from Nebraska to TCS
12/01/2016 Prepared package for EAD/AP renewal (expires 04/09/2017)
12/23/2016 USCIS suddenly changes several forms, invalidating my EAD/AP renewal package (not yet sent)
12/27/2016 USCIS suddenly reforms the entire NIW criteria system, replacing a 20 years old one. Uncharted waters. 
01/07/2017 (Saturday!) EAD/AP renewal package with new forms received in Phoenix "reception desk"
01/17/2017 EAD/AP renewal case accepted; text/email with receipt numbers was received
01/30/2017 Law firm finally confirms that USCIS has suspended processing all EB2-NIW cases due to new criteria. 
02/23/2017 USCIS slowly starts adjudicating NIW cases again.
04/21/2017 Extended EAD/AP received in mail. Valid for 2 years. 
05/06/2017 Received a massive RFE on I-140 NIW case.
07/20/2017 RFE response received by USCIS (a very long response with 30 pages of docs)
09/14/2017 I-140 NIW approved!!! 
11/28/2017 RFE for new medical issued (plus another request re Supp J for employment which is clearly issued in error)
12/04/2017 RFE received in mail
12/07/2017 repeated medical exam for I-485
12/08/2017 Attorney receives documents for responding to I-485 RFE
12/21/2017 Response to RFE received by USCIS 
02/09/2018 I-485 approval (text, email) :)
02/08/2018 I-485 approval notice issued (the "welcome letter") - I'm LPR now
02/16/2018 Green card received
 
11/14/2022 Filed N-400 online; receipt and biometrics reuse form received online
03/07/2023 N-400 Interview scheduled 
04/xx/2023 N-400 approved, same-day Oath ceremony completed. I'm a US citizen.
05/xx/2023 US passport in hand

 

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fs2439 Collaborator

fs2439   46

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Filed: O-1 Visa Country: Brazil
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5 hours ago, designguy said:

Update:

Just received an email from NVC with my interview letter for middle of October!

That's amazing!

 

So for the rest of us I assume it means we're current again

 

Congratulatiinsband thanks for sharing that!

 

P.s. you were not current in Sptember, correct?

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designguy Proficient

designguy   1,179

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Filed: EB-3 Visa Country: Germany
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4 hours ago, fs2439 said:

That's amazing!

 

So for the rest of us I assume it means we're current again

 

Congratulatiinsband thanks for sharing that!

 

P.s. you were not current in Sptember, correct?

Thanks! Correct I was not current. My PD was in Nov 2018 so it moved forward at least to then, but probably current. Apparently the bulletin was released internally so they are already working off it for scheduling in October. 
 

I had been refreshing the visa bulletin site for the past week and a half so I was totally surprised to get the email. I thought at the earliest I would get an appointment in October (for maybe November) as I had received an email from NVC stating they would only book an appointment AFTER the priority date became current 

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fs2439 Collaborator

fs2439   46

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Filed: O-1 Visa Country: Brazil
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2 hours ago, designguy said:

Thanks! Correct I was not current. My PD was in Nov 2018 so it moved forward at least to then, but probably current. Apparently the bulletin was released internally so they are already working off it for scheduling in October. 
 

I had been refreshing the visa bulletin site for the past week and a half so I was totally surprised to get the email. I thought at the earliest I would get an appointment in October (for maybe November) as I had received an email from NVC stating they would only book an appointment AFTER the priority date became current 

Good luck on your interview! Do you need the interview for EAD/AP or just the green card?

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designguy Proficient

designguy   1,179

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Filed: EB-3 Visa Country: Germany
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5 minutes ago, fs2439 said:

Good luck on your interview! Do you need the interview for EAD/AP or just the green card?

Thank you! No if everything goes well I will have the IV printed and applied to my passport, then upon entry they will stamp the visa which will serve as the temporary green card until the physical card arrives. I already have a SSN so I believe I would be able to work as soon as I am past customs

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fs2439 Collaborator

fs2439   46

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Filed: O-1 Visa Country: Brazil
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Also, do you need to travel for your interview? Did you have any control over where it would be? How long was the wait excluding the retrogression, if that makes sense?

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fs2439 Collaborator

fs2439   46

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Filed: O-1 Visa Country: Brazil
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1 minute ago, designguy said:

Thank you! No if everything goes well I will have the IV printed and applied to my passport, then upon entry they will stamp the visa which will serve as the temporary green card until the physical card arrives. I already have a SSN so I believe I would be able to work as soon as I am past customs

Congrats again. You didn't even apply for ead/ap?

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designguy Proficient

designguy   1,179

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Filed: EB-3 Visa Country: Germany
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2 minutes ago, fs2439 said:

Also, do you need to travel for your interview? Did you have any control over where it would be? How long was the wait excluding the retrogression, if that makes sense?

I have been in Germany for a while now as I am a German citizen. My previous visa/status expired so I have been here since then. You don't have control where it will be, basically the interview will be scheduled either where you are a citizen or where you are a legal resident. I believe most countries even if they have multiple consulates only have one place that actually processes immigrant visas so for me that is Frankfurt. Honestly I don't think I really experienced the retrogression as the time before my case complete to interview being scheduled was only 18 days! Which I think is actually faster than the norm

 

1 minute ago, fs2439 said:

Congrats again. You didn't even apply for ead/ap?

As I'm not in the US I wouldn't qualify for EAD/AP

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designguy Proficient

designguy   1,179

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Filed: EB-3 Visa Country: Germany
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Posted

Update: Had my interview at the consulate on Tuesday. Everything went well and the status changed to Issued less than 24 hours later and today I got my passport back

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fs2439 Collaborator

fs2439   46

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Filed: O-1 Visa Country: Brazil
 Timeline
Posted
On 10/18/2019 at 4:03 AM, designguy said:

Update: Had my interview at the consulate on Tuesday. Everything went well and the status changed to Issued less than 24 hours later and today I got my passport back

Wonderful news! Congratulations again!

 

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fs2439 Collaborator

fs2439   46

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Filed: O-1 Visa Country: Brazil
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Posted (edited)

Hi, does anyone have an interview date in January? I am wondering if EB2 will retrogress in January?

 

Thank you

Edited by fs2439
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