ALC
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@Benham @farzady @Gha Have your AP been resolved?
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It's still earlier than the Final Action Date announced in the May VB, so it should be fine. The only edge case I see is if they further retrogress EB2 ROW to before your FAD, and you get AP'ed, you could be impacted the lack of availability during AP. But the chance should be tiny, fingers crossed for you. When the June VB comes out in mid-May, you'd at least know what the situation might look like before your interview, so you can plan accordingly. On a related note, seems like they are going to further retrogress India EB1&EB2 as well as China EB1, and maybe even ROW EB1, this could be the reason that Montreal prioritized the EB1's these past a couple of months to get ahead of the curve.
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They legally can't issue your an IV (IVP) or a Green Card (AOS) if your PD is AFTER the final action date. They won't schedule an interview until you PD is current, and if you have an interview, they will mostly likely cancel it. They retrogression happens on May 1st though, so if you have an interview in April, you aren't affected.
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I haven't heard from them re: a response from Montreal, and they have always been communicating within 24 hours, so I assume Montreal has ghosted them. I don't have any information on how they are communicating with NVC and Montreal unfortunately.
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Feb immigrant visa statistics just came out, definitely see an improvement on EB cases processed, on par with IR/CR numbers even, correspond to the number in the tracking sheet as well.
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Got a standard form letter response from a low level Inquiry Management contractor at NVC, asked my lawyers to follow up with Montreal. "This case is documentarily complete, which means the NVC has all the documents we requested. Your application is waiting for an interview appointment, where a consular officer will adjudicate it. The U.S. Embassy or Consulate provides the National Visa Center (NVC) with a list of available appointment dates and times. We will schedule your case for an interview appointment when an appointment date is available. We schedule appointments on a first in, first out basis. After we schedule your appointment, we will forward your case to the U.S. Embassy or Consulate General in MONTREAL We cannot predict how long it will take to schedule your appointment, but we will notify the applicant, the petitioner, and your attorney (if applicable) when an appointment is scheduled. Your case will stay at NVC until that time."
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Feedback from my lawyers, they do a few thousand cases a year, so the sample size is statistically relevant I think. "Yes, we have noticed a pattern in the Montreal Consulate in scheduling interviews for EB1 cases before NIW cases for relatively similar documentarily qualified clients."
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I left a note to my lawyers yesterday asking about being skipped over, they said they will send a note to NVC, though they aren't sure how useful that'd be... and then they said this, whatever that means... "Please note, NIW cases are being treated separately from EB-1A and EB-1B cases at the consulate."
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I think they will in the next round or two, if you read the item D in both the March and April VB, it really sounds like since USCIS got their together and drastically increased their processing capacity, they got too aggressive in using the Date for Filing for I-485, and since you can get AP/EAD with I-485 filed, it doesn't matter for those people that much, so this retrogression kinda screws over the people doing IVP a bit. But in a way I assume it's also done to preserve some visa numbers for the consulates as well, so as long as your PD is before the Final Action Date, you should be fine now, but fingers crossed...
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The switch happened for April VB. Given the significant delay in April VB coming out and the timing of the IL, my guess is they were trying to figure out the demand for EB-2 across all CoC, and trying to slow down the visa number usage, hence skipping the EB2's for this round given the volatility, they are half way through the FY, probably just the visa control office trying to manage the EB2 surge a bit before it's too late. My speculation is that as long as your CoC isn't India, you should be fine, this could also be wishful thinking lol
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Given the recent movement in cut off dates, unless you ABSOLUTELY have to delay, I'd grab a green card as soon as you are able to. Who knows what's gonna happen in the next a few months, or even the next fiscal year...
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No I didn't, unless it was exclusively sent to my lawyers' office. I actually prefer not to interview until June, so this worked out serendipitously. But even though my PD is still current for EB2 China, it's a bit concerning with the recent EB2 retrogression. There is a possibility that DOS wanted to see how many EB2 numbers USCIS will use after they switched to using Final Action Date for I-485, thus delaying the EB2's consular interviews by a couple of months. Time will tell... Also, don't see you in the tracker, would you mind adding yourself? https://docs.google.com/spreadsheets/d/14yZKxht6igwJPXPU0EehKmmN2hx1g3EchEuB5G0yNO4/edit#gid=0
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Congrats! I created a line for you in the tracker (line 58), linked below. Would you mind adding your info there please? https://docs.google.com/spreadsheets/d/14yZKxht6igwJPXPU0EehKmmN2hx1g3EchEuB5G0yNO4/edit#gid=0
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In light of folks getting ILs who are DQ'ed in early 2022, I really hope they aren't retrogressing CoC China by like 2 years as well in the next a couple of Visa Bulletins....... Oops...
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Really sorry about your situation, what a show that Montreal has created... At least now the reason for you being skipped from this past round of IL is clear
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I am very sorry about your situation, I think there is another member on this forum that was affected, his/her interview was scheduled for April, but the Final Action date retrogressed to before his/her PD... show of a situation that Montreal has created... WRT your situation, as long as your PD is before the Date for Filing, NVC will issue invoice and asking for all the civil document. Hopefully the cut off dates will advance again after October, fingers crossed for you!
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EB2 ROW retrogressed, and for March VB, the final action date cut off is Nov. 1st, 2022. Interview is scheduled based on the currency of the final action date, so you are current from that stand point. But the queue for the interview is FIFO based on your DQ date, depending on what that is, that'd determine when you might get you IL.
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yeah, there were some very weird reformatting happening a couple of weeks ago as well, it was quite annoying...
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Could you add your info to the tracker please? https://docs.google.com/spreadsheets/d/14yZKxht6igwJPXPU0EehKmmN2hx1g3EchEuB5G0yNO4/edit#gid=0
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I think he/she is asking if you can get TN while in IVP.
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Doing IVP itself, counterintuitively, is actually evidence of NOT having immigrant intend, for NIV purposes. But the application of that is obviously resting with the individual CBP officer adjudication your case at the border.
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https://travel.state.gov/content/travel/en/legal/visa-law0/visa-statistics/immigrant-visa-statistics/monthly-immigrant-visa-issuances.html Jan 2023 IV numbers just came out, about 70 EB IVs issues, which corresponds pretty well with the lack of interviews scheduled on the tracker for that month.
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Damn... It really seems like they are targeting Iranian born applicants with additional background checks...
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Sorry to hear! Assuming you were born in Canada and served in the Canadian military, given all the intelligence sharing and cooperation, it hopefully won't take too long!
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Sorry, I am confused... You are saying you are just PKJ, but you are replying from PKJ2021?
