Montreal embassy EB-2 interview wait time-Part 2

[TheMaverick 50]

1 hour ago, Adam RS said:

Hi guys,

Please share your ideas.
 

Last year, I had an interview at the US consulate in Montreal for the DV Lottery. They placed me in administrative processing and requested that I complete Form 5535. My administrative processing was concluded, and I was cleared at the beginning of September. They then emailed me instructions to mail my passport for visa labeling. However, upon delivery of my passport, I was informed that the visa quota had been reached, and there were no visas available for me.

My question is whether the administrative processing I underwent for the DV Lottery could apply to my EB2-NIW interview scheduled for May 31st? Alternatively, is there a possibility that I may be placed under administrative processing again?

I guess you are out of options. DV is different from EB. There are only 55000 visa issued every year and they have to be used in the same year. The year starts from Oct 1 and ends on Sep 30. If the visa is not issued by then it’s game over. They had a few exceptions around this during COVID but from your post I don’t think so they are doing that anymore. This definitely needs legal opinion and you should talk to an immigration attorney. 

1 hour ago, Adam RS said:

Hi guys,

Please share your ideas.
 

Last year, I had an interview at the US consulate in Montreal for the DV Lottery. They placed me in administrative processing and requested that I complete Form 5535. My administrative processing was concluded, and I was cleared at the beginning of September. They then emailed me instructions to mail my passport for visa labeling. However, upon delivery of my passport, I was informed that the visa quota had been reached, and there were no visas available for me.

My question is whether the administrative processing I underwent for the DV Lottery could apply to my EB2-NIW interview scheduled for May 31st? Alternatively, is there a possibility that I may be placed under administrative processing again?

I guess you are out of options. DV is different from EB. There are only 55000 visa issued every year and they have to be used in the same year. The year starts from Oct 1 and ends on Sep 30. If the visa is not issued by then it’s game over. They had a few exceptions around this during COVID but from your post I don’t think so they are doing that anymore. This definitely needs legal opinion and you should talk to an immigration attorney. 

[TheMaverick 50]

1 hour ago, Adam RS said:

Hi guys,

Please share your ideas.
 

Last year, I had an interview at the US consulate in Montreal for the DV Lottery. They placed me in administrative processing and requested that I complete Form 5535. My administrative processing was concluded, and I was cleared at the beginning of September. They then emailed me instructions to mail my passport for visa labeling. However, upon delivery of my passport, I was informed that the visa quota had been reached, and there were no visas available for me.

My question is whether the administrative processing I underwent for the DV Lottery could apply to my EB2-NIW interview scheduled for May 31st? Alternatively, is there a possibility that I may be placed under administrative processing again?

I guess you are out of options. DV is different from EB. There are only 55000 visa issued every year and they have to be used in the same year. The year starts from Oct 1 and ends on Sep 30. If the visa is not issued by then it’s game over. They had a few exceptions around this during COVID but from your post I don’t think so they are doing that anymore. This definitely needs legal opinion and you should talk to an immigration attorney. 

1 hour ago, Adam RS said:

Hi guys,

Please share your ideas.
 

Last year, I had an interview at the US consulate in Montreal for the DV Lottery. They placed me in administrative processing and requested that I complete Form 5535. My administrative processing was concluded, and I was cleared at the beginning of September. They then emailed me instructions to mail my passport for visa labeling. However, upon delivery of my passport, I was informed that the visa quota had been reached, and there were no visas available for me.

My question is whether the administrative processing I underwent for the DV Lottery could apply to my EB2-NIW interview scheduled for May 31st? Alternatively, is there a possibility that I may be placed under administrative processing again?

I guess you are out of options. DV is different from EB. There are only 55000 visa issued every year and they have to be used in the same year. The year starts from Oct 1 and ends on Sep 30. If the visa is not issued by then it’s game over. They had a few exceptions around this during COVID but from your post I don’t think so they are doing that anymore. This definitely needs legal opinion and you should talk to an immigration attorney. 

1 hour ago, Adam RS said:

Hi guys,

Please share your ideas.
 

Last year, I had an interview at the US consulate in Montreal for the DV Lottery. They placed me in administrative processing and requested that I complete Form 5535. My administrative processing was concluded, and I was cleared at the beginning of September. They then emailed me instructions to mail my passport for visa labeling. However, upon delivery of my passport, I was informed that the visa quota had been reached, and there were no visas available for me.

My question is whether the administrative processing I underwent for the DV Lottery could apply to my EB2-NIW interview scheduled for May 31st? Alternatively, is there a possibility that I may be placed under administrative processing again?

I guess you are out of options. DV is different from EB. There are only 55000 visa issued every year and they have to be used in the same year. The year starts from Oct 1 and ends on Sep 30. If the visa is not issued by then it’s game over. They had a few exceptions around this during COVID but from your post I don’t think so they are doing that anymore. This definitely needs legal opinion and you should talk to an immigration attorney. 

[Adam RS 13]

@TheMaverick AS you got the immediate approval during the interview, did you have the exemption card for the military service?

[mam521 2,113]

21 hours ago, Adam RS said:

Last year, I had an interview at the US consulate in Montreal for the DV Lottery

What's your country of citizenship since Canadian citizens are not eligible for the DV?

[TheMaverick 50]

20 minutes ago, mam521 said:

What's your country of citizenship since Canadian citizens are not eligible for the DV?

Eligibility is determined on country of birth and not country of citizenship 

[TheMaverick 50]

19 hours ago, Adam RS said:

@TheMaverick AS you got the immediate approval during the interview, did you have the exemption card for the military service?

I never worked in the military and my country of origin does not have a mandate to work in the military. 

[mam521 2,113]

1 hour ago, TheMaverick said:

Eligibility is determined on country of birth and not country of citizenship 

Typo...meant birth country.  

[Coco_2023 14]

On 4/23/2024 at 6:12 PM, TheMaverick said:

I guess you are out of options. DV is different from EB. There are only 55000 visa issued every year and they have to be used in the same year. The year starts from Oct 1 and ends on Sep 30. If the visa is not issued by then it’s game over. They had a few exceptions around this during COVID but from your post I don’t think so they are doing that anymore. This definitely needs legal opinion and you should talk to an immigration attorney. 

I guess you are out of options. DV is different from EB. There are only 55000 visa issued every year and they have to be used in the same year. The year starts from Oct 1 and ends on Sep 30. If the visa is not issued by then it’s game over. They had a few exceptions around this during COVID but from your post I don’t think so they are doing that anymore. This definitely needs legal opinion and you should talk to an immigration attorney. 

I guess you are out of options. DV is different from EB. There are only 55000 visa issued every year and they have to be used in the same year. The year starts from Oct 1 and ends on Sep 30. If the visa is not issued by then it’s game over. They had a few exceptions around this during COVID but from your post I don’t think so they are doing that anymore. This definitely needs legal opinion and you should talk to an immigration attorney. 

Good point. It begs the question what happens if similar situation happens to us in EB2/EB2-NIW category like somebody gets AP'd but after getting clearance they run out of quota??

[TheMaverick 50]

4 hours ago, Coco_2023 said:

Good point. It begs the question what happens if similar situation happens to us in EB2/EB2-NIW category like somebody gets AP'd but after getting clearance they run out of quota??

For EB it quite common that while your in AP the priority date could retrogress. If that happens even if AP is cleared visa cannot be issued. As soon as the priority date becomes current it would be good to send email to Montreal as a reminder. Normally July to September bulletins will start seeing some amount of retrogress happening as it’s close to end of visa processing year(Oct 1 - Sep 30)

[Froozion 168]

Visa stats for March are out. 84 eb visas! 

 

And most excitingly 680 visas processed through montreal in 1 month. Before it was always between 400-500. So they really have increased the capacity! I see this backlog actually being cleared! Very good news! 

[rzchen 0]

Hello I have a question: In MTL-Montreal website, It mentioned federal U.S. tax return (Form 1040) is required from the petitioner in the interview. Should IRS Tax return transcript be better or just print Form 1040? Thanks

Edited April 26 by rzchen

[dandelion1 5]

You don't need tax returns for employment based visa. But as always if you have these documents it never hurts to bring them. 

[Adam RS 13]

1 hour ago, Froozion said:

Visa stats for March are out. 84 eb visas! 

 

And most excitingly 680 visas processed through montreal in 1 month. Before it was always between 400-500. So they really have increased the capacity! I see this backlog actually being cleared! Very good news! 

Very good news. Would you please share the link of this with me? Thanks

[PVancouver 1]

On 4/20/2024 at 5:22 PM, Aaron_ said:

You are right, Froozion. I am sharing the link related to vaccinations. It might be helpful for others. Here is the list of vaccinations:

• COVID-19
• Hepatitis A
• Hepatitis B
• Influenza
• Influenza type b (Hib)
• Measles
• Meningococcal
• Mumps
• Pneumococcal
• Pertussis
• Polio
• Rotavirus
• Rubella
• Tetanus and diphtheria toxoids
• Varicella

https://travel.state.gov/content/travel/en/us-visas/immigrate/vaccinations.html

I did a blood test that shows the vaccines that you already had.

[Leo The Great 141]

On 4/26/2024 at 10:01 AM, rzchen said:

Hello I have a question: In MTL-Montreal website, It mentioned federal U.S. tax return (Form 1040) is required from the petitioner in the interview. Should IRS Tax return transcript be better or just print Form 1040? Thanks

Tax transcripts also work. They may not ask for it if you have already uploaded latest tax transcript to NVC. It appeared that they already have all info about IRS taxes in their system. They usually ask for W-2.

Edited April 30 by Leo The Great