T. G.
Aug 28, 2024
EB1 Green Card Exhausted for Fiscal Year
https://travel.state.gov/content/travel/en/News/visas-news/annual-limit-reahed-in-the-eb-1-category.html
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Charlie SCAug 28, 2024
Next is EB2
cloud 8Aug 28, 2024
does that affaext those who have been approved? and their green card process?
C RAug 28, 2024
Annual Limit Reached in the EB-1 Category Last Updated: August 27, 2024 The State Department, working in close collaboration with U.S. Citizenship and Immigration Services, is pleased to announce the issuance of all available visas in the Employment-Based First Preference (EB-1) category for fiscal year (FY) 2024. Maximizing these visas facilitates legitimate travel for individuals with extraordinary ability that has garnered national or international acclaim, outstanding professors and researchers, and multinational executives and managers. These individuals bring contributions across many industries that greatly benefit the U.S. economy. The Immigration and Nationality Act (INA) limits the number of employment-based preference immigrant visas that may be issued within a fiscal year. Specifically, INA 203(b)(1) provides that the annual limit for EB-1 visas is 28.6 percent of the worldwide employment limit. Since all available EB-1 visas for FY 2024 have been used, embassies and consulates may not issue visas in these categories for the remainder of the fiscal year. The annual limits will reset with the start of the new fiscal year (FY 2025) on October 1, 2024. At that point, embassies and consulates may resume issuing immigrant visas in these categories to qualified applicants.
Charlie SCAug 28, 2024
@cloud 8 No, it affects those who are pending
D KingAug 28, 2024
do they still adjudicate the pendings and move it to CRP?
a a a bananaAug 28, 2024
no, they won’t adjudicate until visas become available
J JAug 28, 2024
So next possible dates we can expect approvals only in October is it?
Charlie SCAug 28, 2024
yes
Jack ChenAug 28, 2024
Does it impact I-140 or I-485?
a a a bananaAug 28, 2024
i485
E AAug 28, 2024
I’m confused about what this mean. I haven’t applied for I-485 and my I-140 is pending since April. Can someone help me to clarify?
Luli LAug 28, 2024
if my i485 is pending since july, how do i know if it got visa allocated or not? can it still be approved after this message?
Alice A.Aug 28, 2024
We went for fingerprints yesterday. Will our file still be valid? We live in the USA right now. @s a @Jack Chen @T. G.
Alice A.Aug 28, 2024
@Charlie SC
a a a bananaAug 28, 2024
the visa is allocated when i485 is adjudicated not before.
Nitin KAug 28, 2024
so does this mean the September visa bulletin will show the new FY priority dates ?
Alice A.Aug 28, 2024
ı dont understand ı sent my I-485 file 21 june.ı have active i-485 file. is it be valid ?
Alice A.Aug 28, 2024
@s a
Alice A.Aug 28, 2024
is it same with my case? @Luli L @bm sa because my case was updated in my account as fingerprint were taken… can it be for me now and october?
Alice A.Aug 28, 2024
@Luli L
Luli LAug 28, 2024
@bm sa when do we usually get visa allocate? during which stage of the 485
Alice A.Aug 28, 2024
@Luli L
Luli LAug 28, 2024
now im confused 😂
so if my 485 is not adjudicated by now, aka approved, i do not have visa allocated?
Charlie SCAug 28, 2024
@Luli L Yes nothing allocated
a a a bananaAug 29, 2024
when you have done biometrics and completed medical examination and the officer is reviewing your application to render a final decision is when they will check if a visa is available or not. the fact that your case is actively being reviewing means nothing, the moment the petition is about to be adjudicated and you meet all the requirements is when the visa is allocated
Alice A.Aug 29, 2024
me too @Luli L by the way @cloud 8 congrats🏆 ı saw your post. but normally yesterday it is done but today you said it is ok for green card thats why ı dont understand :(
Alice A.Aug 29, 2024
@Luli L
a bAug 29, 2024
my understanding is that the cases keep being processed unless the status turns into “case remains pending”. As @s a says above, this will not happen unless the case is at the very last stage. And in that case, it means a visa can not be allocated and hence one needs to wait until visa number become available.
Pritesh JainAug 29, 2024
so even if I submitted my rfe and case was transferred yesterday to Spokane, I don’t have a visa number allocated?
GC longAug 29, 2024
CoB -India . PD Nov 2022, CRP since Jul 2023… when should I expect adjudication
J JAug 29, 2024
It's unfortunate! I submitted case on March-28 and responded to RFIE on May-29 and no updates after that for 3 months. Now the visa numbers are exhausted so not sure if they already assigned a number or kept it in backlog for next fiscal year...wait with hope is the only option I can see
Al OAug 29, 2024
As long as you have not got the approval notice for i-485, you need to wait at least 2 months.
J JAug 29, 2024
@Al O yes I kind of realized the fact and telling myself to wait another 2 months
C RAug 29, 2024
Based on what I have researched and on some of your questions, I am leaving my comments here, hoping it will be helpful.
1- The information indicated in the link ONLY speaks of the fact that the visas issued by embassies and consulates for people who have been approved for EB1 and who also had their permanent residence (GC) approved in this fiscal year have run out. With these visas granted, these people can legally travel to the US.
2- For cases of status adjustments within the US, the process, although it also depends on the allocation of a visa, whether or not it is concurrent and the country of the applicant, the date is until September 30 or until the quotas for each year are exhausted. But to be, possibly, taken into account for approval of the GC in this fiscal year (within the US), several steps must be completed: a) That the applicant correctly submits the I-485 form including the payments.
b) That your fingerprints have been taken. c) Having submitted and complied with all the requirements they ask for.
d) That the medical exams and vaccines show that the applicant is admissible.
e) Having received an RFE in response to the request and that they receive the response from immigration.
And having complied with all the elements mentioned above, the applicant must still take the chance of having his case reviewed for approval and only then can it be said that he is within the visa quotas for this fiscal year.
It is important to mention that, each year, these quotas are renewed for both consular processes and adjustment of status and the fiscal year goes from 10/1/YYYY to 09/30/YYYY, that is, if it is not this fiscal year, it will be the next.
In the meantime, although difficult, we must be patient and pray to God so that he intercedes for us.
good luck.
Alice A.Aug 29, 2024
my understanding ı still have a chance maybe 🫶🏻🤲🏻 because ı did change of status in us. at the moment ı gave fingerprint on 27 August and ı live in us. @C R is it correct ?
C RAug 29, 2024
If immigration considers that your AOS file is complete and correct (including forms, payments, civil and medical documents, and fingerprints) and you also belong to ROW (which still appears in the visa bulletin as concurrent for EB1 in September), you may have a chance, but it's all a matter of luck.
C RAug 29, 2024
@Alice A.
my motoAug 29, 2024
does this impact of Advancing dates in new fiscal year ? how many months it’s can advance ? any prediction on it .
Alice A.Aug 29, 2024
ı am waiting ı hope my process is going on quickly @C R
G LAug 30, 2024
Its great news guys! At least they have not wasted a single visa…
Ank GAug 30, 2024
i am curious why this is on the travel.state.gov and not on uscis website? could it be that the department has released all the visas for this year and no new visas will be released. uscis and their field offices will finish or try to finish the released visas now
