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Family spillover to employment is 60k GC in FY 2023.
This means a total of 200k GCs will be available for the employment-based category. This is very good news.
In FY 2022 which ends on 30 Sep 2022, USCIS has used all 281k available Green card numbers and has told the court that there are no more EB1, EB2, and EB3 numbers available in the current year.
This simply means that whosoever did not get the approval will not get it now. The new quota will be activated on 1 Oct 2022 and you may get approved if your date is current as per the Oct bulletin.
Also, USCIS officially says that thousands of i485 applications are still pending from 2010 to 2014:
- EB2 India: About 40k EB2 India i485 applications are still pending
- EB3 has about 25k i485 pending from 2012 to 2014.
We are not sure if the bulk of these pending applications are duplicates since most of the people filed downgrades to EB3 and then refiled in EB2 too. USCIS has not clarified this in the court filing.
This article will discuss:
Will EB2 India reach Dec 2014 by Sep 2023 bulletin?
As predicted by us, EB2 India will move back close to EB3 India and it has happened in the Oct 2022 bulletin.
Usually, they remain close to each other within a 3 months gap and are expected to remain like this until the end of Sep 2023 now.
USCIS has been continuously saying in 2022 that the dates for EB2 should not retrogress and should stay current if they were current in July 2022. But, they changed their stance suddenly in Sep 2022 court filing:
- What we take away from this is that somewhere in the 2023 and most probably in May or June 2023 bulletin, the EB2 India dates will start moving forward at a faster pace and will reach December 2014 again.
- Approximately 60k GCs to EB2 India and about 13k to EB3 India in the 2022 fiscal year out of a total of 281k green card numbers were allocated in the fiscal year 2022.
Will 60k new Family to Employment Spillover Help EB2 India?
Yes, 60k additional GC numbers will help EB2 India.
- It will be distributed equally among all employment-based categories and will benefit the EB3 India movement.
- EB2 India may still not see much movement as it has a high number of people already waiting in line.
- People with i485 pending in both EB3 and EB2 will benefit.
Predictions for 2023
Using the same percentage as USCIS allocated for EB2 and EB3 India in 2022, the numbers for 2023 may look like this:
This probably means that if 43k are allocated to EB2 India, USCIS should be able to approve all currently pending i485 by Aug 2023 and then may be able to the priority date to 2015 for EB2 India.
Remember that all of this is a simple estimation and can go completely wrong if USCIS does not allocate this number to EB2 India or if the number of duplicate EB2 and EB3 filings is lesser than 50%. Even USCIS does not know how many are duplicates at this time.
Stay positive and hope for the best.
We estimate these dates to be possible in the next 12 bulletins:
Predictions – India – Final Action
|Nov 2022||May 24, 2012|
|Dec 2022||Jun 26, 2012|
|Jan 2023||Jul 18, 2012|
|Feb 2023||July 13, 2012|
|Mar 2023||Aug 6, 2012|
|Apr 2023||Sep 15, 2012|
|May 2023||Mar 17, 2013|
|Jun 2023||Mar 17, 2013|
|Jul 2023||Mar 17, 2013|
|Aug 2023||Jul 26, 2013|
|Sep 2023||Sep 14, 2013|
|Oct 2023||Sep 24, 2013|
|Nov 2023||Oct 4, 2013|
|Dec 2023||Oct 14, 2013|
|Nov 2022||May 4, 2012|
|Dec 2022||May 21, 2012|
|Jan 2023||June 23, 2012|
|Feb 2023||July 13, 2012|
|Mar 2023||Jul 30, 2012|
|Apr 2023||Aug 23, 2012|
|May 2023||Sep 12, 2012|
|Jun 2023||Jan 1, 2013|
|Jul 2023||May 5, 2013|
|Aug 2023||Jul 1, 2013|
|Sep 2023||Jun 1, 2014|
|Oct 2023||Nov 1, 2014|
|Nov 2023||Jan 1, 2015|
|Dec 2023||May 18, 2015|
If you have already filed your i485 but have not submitted the medicals, we strongly recommend interfiling the i693 form and improving your chances of getting a Green card earlier than others in the queue.
Our predictions are based on these numbers that we think are possible. You can estimate dates based on your own understanding too.
This app uses publicly available i140 data from USCIS and then mimics the per-month visa allocation based on various factors.
Visa Bulletin Predictions App >
The employment spillovers happen in this order:
- EB4 and EB5 extra green cards are given to EB1.
- EB1’s unused GC numbers are given to EB2 ROW (The rest of the world).
- EB2’s ROW is shared horizontally with backlogged countries like India and China. The most backlogged country gets the most GCs as per the best understanding.
- EB3 ROW is supposed to get unused GC from EB2 which is almost impossible since EB2 India and China have huge backlogs.
- EB3 does not spill over to anyone as per our understanding.
In a nutshell, this is the funnel for spillovers within employment-based categories:
- Unused EB4+EB5 ->
- EB1 ROW ->
- Unused EB1 ->
- EB2 ROW ->
- EB2 Backlogged (most backlogged first) ->
- EB3 ROW ->
- EB3 Backlogged (most backlogged first)
If you want to understand how this whole setup works, head over to the HappySchools blog who has explained spillover sharing details within EB categories in a really simple way.
Estimate My Green Card Date
You can estimate your own green card date based on the same AI algorithm which we use for predicting visa bulletins.
- Visit the My Green Card Estimate App here.
- Enter your country of birth and employment-based GC category. You can leave the options as default.
- Click the ‘Estimate My GC Date‘ button and see the visa bulletin that may get you the Green card.
This is what the estimated values look like.
This will help you make a decision with respect to filing EB2 to EB3 downgrade and collecting documents for filing i485 if you have a good chance of getting current in near future.
Many people would need the NABC (non-availability of birth certificate) to file the i-485 application and am22tech is helping with it for a small fee.
Use the coupon code
DWHF5RQ6 to get a $29.99 discount on the am22tech’s NABC certificate service.
You should be ready to file i-485 documents if the dates move forward quickly as the window might not stay open for long.
How to Get a Green Card Fast?
Unless the US Immigration law is changed, to remove country-based GC limits with a law like S386, there is no real possibility of any Indian joining the EB2 Green card queue, to get a Green card in his/her lifetime.
#1 US Citizen Child Sponsor
To circumvent this 150-year wait, your Adult US citizen child can sponsor you once he/she turns 21.
This will give you a Green card immediately as there is neither any yearly limit nor any priority date waiting for immediate relatives of US citizens.
#2 EB2 to EB3 Downgrade
India EB2 to EB3 downgrades are possible.