@P N same here eb1c pending for 10 months. which is ur local ofc? mine is Raleigh I think it's due to local ofc wait time? also heard v can use USCIS if case is in pending post 12 months but not sure the entire process

@P N Same but a few months less than a year. You should look into escalating via senators @J J suing is via “mandamus” lawsuit. OP is clearly eligible and most litigation lawyers will take his case since 1.5 year on EB1 is quite a lot

yes @J J and @a k I have done everything including Senator query..I haven't received any action only a response saying Case is assigned to an officer for a review and it will be processed as soon as possible. case is at NBC currently. When it was filed it moved to Providence RI office in 2023 and was there for almost 5 months without any action. Eventually dates retrograde in 2023 and there are no visas available. In August 2024 it became current. Now again no action for 5 months

@P N in that case, you should consult a litigation lawyer who will do “writ of mandamus”. You have waited enough and once you file a lawsuit you will have results in 60 days. it always gets settled without going to trial etc since that’s the easiest way out for USCIS.

thanks @a k will check with attorney on that

@P N it looks 2017-18 cases not yet cleared. i don't know why they are not retrogressing the dates as there is a clarity on no spillover from family based/ROW to 2025. as there are around 10k pending cases they can safely move 3 years back and do justice for them instead of opening wide.

@Atharv A not sure as dates are steady since July 2023 which means all eligible should receive. I have seen cases with PD after me are approved

@Atharv A I thought there was 8k extra from family for 2025? the annual DHS report said 150k (instead of 142k). It’s definitely lesser than prior years spillover but enough to keep them open until 2022 Feb I see many 2021 PDs from India getting approved as recently as Dec, so it’s very unclear what they are following

@a k if that is the case its good news only. 8k +2.8k (yearly quota) will be good amount to clear up to oct 2022 cases.

@Atharv A you are making an assumption that spillover visa flow exclusively to India. EB1 ROW has picked up (NIW porters etc) and 485 filing rates are much higher than prior years. If that hits max, then india will only get country quota which means bad news. my point is FB spillover alone will not help for India, we also need ROW to be current. it is a two variable equation now and only monthly visa bulletins gauge where we are

@a k yes you are correct.

@a k and @Atharv A thanks for your insights. right now we can only pray things only improve further. EB1 ROW all charge ability is already current isn't it ? only China and India have priority dates. Philippines Mexico also current

@P N It is current but the concern is will it remain current for near future. ROW EB1 demand is growing because people who are ROW EB2 NIW are backlogged and they also port.

@a k oh ok got it

USCIS site published visa issue numbers for India month of Oct 2024 and it shows only 83 for EB1. In September it was only 4 I believe it was because they ran out of numbers in Aug end. But overall it is was low number for October considering all EB1 categories and spouse children etc. all other countries numbers also there

@P N @a k it looks 2025 [140k+ 50k (spil from FB)] total Emp based ~190k with 7% india quota = 13k again split to EB1 to 3 = each EB get 4k. Total EB1 india pending 15k until 2022 year end. if the same trend continues in order to clear 2022 cases will takes 2 to 3 years. anyone has different analysis?

@Atharv A where do you see 50k spillover? that number is during Covid years and no longer true with consulates running in full swing

@a k here is one of my source https://youtu.be/7WmrRKPhDsc?si=9oCrv7F2MqYncep4

@Atharv A At 8:30 in the video he tones down to say “anywhere” between 30k-50k spillover into EB. The projection is overly optimistic but I ll be really glad if that happens to get out of this uncertainty. as long as ROw EB1 is current, there is no 7% limit for India in that category. so I would expect movements

@a k and @Atharv A the Family based spillovers are not yet officially released. somewhere I saw it is expected to be released by end of Jan. If those numbers are around 30K or more then EB1 will get 6000+ plus more and as @a k mentioned it will go to backlog countries like India and China mostly. Hope for the best.