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.