Rubert Oliver
Dec 14, 2024
Visa Regressed
Hi! This is the status I got from Emma today. What this mean?
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Although your priority date is current, your visa number has regressed. This means that your visa number was not allocated within the visa selections through the Department of State. Once allocated/selected, you should proceed to the next step of either an interview or case adjudication. Your case remains pending. The case location is the NATIONAL BENEFITS CENTER. If the office needs something from you they will contact you for further information surrounding the case file. We cannot view each time officers may review your case file due to the processing/security checks that surround the file. The fact it is with an office indicates officers are actively reviewing it. We appreciate your patience while the case is continuing to be worked on.
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battling giantsDec 14, 2024
this is the first time I’m seeing this level of detail from ask emma .on a separate note, how did you get them to give you such a detailed answer - what specific question did you ask them if you don’t mind sharing
Rubert OliverDec 14, 2024
Not always I get the detailed response . It depends on the Emma live agent. Some are helpful. If I remember correctly, this is the question I asked “My status shows CRP for past few months . what is actual status of it?”
Carla SDec 14, 2024
try asking “when was my case last reviewed” some agents will tell you that they cannot provide that info, but others will @Rubert Oliver
m tDec 14, 2024
take whatever they’re saying with a grain of salt
a kDec 14, 2024
@Rubert Oliver I am in exact situation as you. status shows CRP while date is current and it is also a new fiscal year.
I think we were marked pending closer to last fiscal year and forgot the applications. I get the boiler plate answer from Emma.
in your case, once it reaches 1 year just do mandamus path of suing USCIS. any lawyer will take your case if eb1 pending for over a year while date is current
Rubert OliverDec 14, 2024
@a k As you mentioned, mine also marked as pending on August 27. Do we need to wait till next fiscal year to get new visa numbers allocated? Or it can happen anytime?
a kDec 14, 2024
@Rubert Oliver if the priority date is current, then next fiscal year already began (from Oct 2024) and new visa numbers are being allocated — but just that it is being allocated to other similar eligible applicants who got lucky with immediate attention.
I believe ours is forgotten and unsure what the internal process is, but we need to nudge USCIS in some way to get attention
Rubert OliverDec 14, 2024
@a k Got it. Last time Emma said, mine and my dependent petitions are with same NBC officer for processing and last review date as 11/19/24. Hope your case also with some NBC officer
a kDec 14, 2024
@Rubert Oliver Yes mine NBC as well. FWIW don’t believe Emma too much. an assigned officer doesn’t mean officer is actively working, in fact all cases get assigned to an officer as placeholder. many cases get moved to field office for final decision but I have seen approvals directly from NBC.
USCIS works mysteriously and there is no respect for “first in first out” for eligible candidates. The best we can do is to file SRs to keep poking them or eventually challenge them via legal suit (it almost always ends up as settlement with USCIS making quick decision on petition). My overall wait is half of yours, so I really have to wait a few more months to really bother USCIS
Rubert OliverDec 14, 2024
@a k My local FO is Dallas which has 42 months of waiting. Will I be able to raise SR now?
a kDec 14, 2024
@Rubert Oliver the Emma agents won’t know that is your assigned FO. it could be transferred to any FO in US from NBc. just keep trying your luck. 42 months is unacceptable when you compare other places with 8 months max.
I have a theory based on pattern. is your 485J approved ? if yes does it coincide with the date 485 went to CRP (Aug 27 you mentioned). if you filed concurrently this 485j won’t matter
J JDec 14, 2024
@Rubert Oliver I am in same boat as you. Case filed in March 2024 and moved to CRP on Sep-9. 96 days in CRP now. I think the reason our case is pending for long is local field office queue. My local field office wait time is 32 months like urs and is the root cause. I do see others in similar situations with local field offices with less wait times already got their cards. Wait is only hope I see @a k
a kDec 14, 2024
@Joe joe based on litigation lawyers, one year is good enough to push through a mandamus case at least for eb1 if dates are current. remember eb1 is supposed to have more priority over eb2-3. so the average mentioned as 36 or 42 months is not helpful to compare
Rubert OliverDec 14, 2024
@a k Most of the Emma agents point to my local FO. So I feel agents will know our local FO as we specify postal code while initiating Emma chat. My 485J approved towards end of July and mine filed concurrently
m tDec 15, 2024
our lawyers said to use the local FO times as reference. they said USCIS will ignore service requests before those dates. it’s pretty unfair and frustrating given the difference between FOs can be massive. I’ve seen a lot of people who got approved much quicker than those processing times though. so there’s some hope.
Jadneson LafortuneDec 16, 2024
EZL.........H9AB please put this code lawfull for verify your case lawfull i need verify my case also
James ADec 23, 2024
if it is india or china; it is normal.
James ADec 24, 2024
@api kaify yes that is true
