Saturday, September 28, 2013

Employment-Based Quota Limit Reached for FY2013

The State Department has confirmed to AILA liaison that employment annual limits have been reached, as is often the case at the end of a fiscal year.

USCIS will continue to process pending adjustment cases, and is able to submit visa number requests for all cases which are being finalized. The State Department will place requests in a “Pending Demand” file.

Eligible cases which have been submitted to the State Department that are within the October cut-off dates will be automatically authorized effective October 1, 2013.

AILA = American Immigration Lawyers Association.

Q. What does this mean for EB category?
A. USCIS will not be approving any more I-485 application for employment based category till September 30.

Q. When will USCIS start approving cases?
A. Since fiscal year 2014 starts on October 1, USCIS will start approving cases starting from October 1. USCIS will still continue to process cases till September 30 and after that.

Q. When did the EB quota limit reached?
A. It is likely that the entire EB quota limit of 158,000 visas was reached approximately around September 17.

Q. How will possible government shutdown affect USCIS?
A. USCIS itself will not be affected, since it is fully funded by applicants fees. However if there is a government shutdown, it may slow down USCIS, since it depends on many other government department which will be affected by shutdown.

14 comments:

  1. Does this apply to EB3 ROW also?

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    Replies
    1. Yes, it applies to all EB categories (Eb1, EB2, EB3, EB4 and EB5).

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  2. Does this hinder EB3 ROW moving forward in the upcoming months since the EB3 pipeline is still not at its max

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    Replies
    1. Is it a question or true statement? I hope..

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    2. Its a question, I hope it doesnt cause my PD comes up in a few months

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    3. We may have to wait for latest I-485 data from USCIS, before we can estimate the movement for EB3 ROW. Hopefully it should be out in few days.

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  3. What about EB3 India? Will the available numbers will be very limited?

    ReplyDelete
    Replies
    1. EB3 India quota will reset to around 2,802 visas for FY 2014 If all spillovers from FY 2013 are not used up by Sept 30, EB3 India could retrogress in November VB.

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    2. hi amazon what about EB3 Philippines do you think would be retrogress next VB..Many Thanks

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    3. There is very low chance of that. It looks like USCIS was able to allot sufficient numbers to EB3 Philippines till Sept 30. The higher the number of visas allotted, lower the chance of retrogression.

      If USCIS/DOS decides to release November demand data, it would give a much clear picture.

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    4. Thank you Amazon for your answer !!

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    5. Thank you Amazon for your answer !!

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  4. Hi Amazon,
    Do you think will EB3ROW reptrogress or move forward in next visa bulletines?

    ReplyDelete
  5. Does this mean EB2I will retrogate in Nov 2013 Visa Bulletin ?

    ReplyDelete

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