If your employment based green card priority date is July 2009, you have already waited for close to 10 years at this time. The date is NOT expected to be current anytime in near 2-3 years.
This makes the waiting time for anyone already in the EB2 Indian queue at-least 20 years. The maximum is expected to be 151 years and average is about 40 years for an India born skilled worker filing their US Green Card PERMtoday in 2018.
Indians waiting for GC Priority Date in 2019
GC Issued 2017
NOTE: Dependents = Spouse and Children (less than 21 years age). As per USCIS estimates, EB1 dependents = 1.4 of primary. EB2 dependents = primary numbers, EB3 dependents = 1.1 of primary.
I have two questions.
My Priority date is 11/27/2009 EB2 India
1. Do you think how long I have to wait? may be approximate days/months/years 🙂
2. I am not keeping my H1B, I joined directly with my EAD with another employer 6 years before. Is there a way to downgrade?
Anil Gupta 27 Mar, 19 at 10:08 am
I share my predictions above every month. Please follow them.
Assuming your i485 is already filed and pending (which you have not disclosed), you can file EB3 i140 and replace the underlying EB2 i140 for your pending i485.
Sheksar 27 Mar, 19 at 5:32 pm
Thanks. Yes I have already filed my i485.
Please let me know if you have any predictions on my priority date
Chhapak 22 Mar, 19 at 12:44 pm
Hi @spot_anil_gupta:disqus My EB-2 priority date is July 2013. How long will it take to get EAD? Appreciate your help.
Anil Gupta 22 Mar, 19 at 1:35 pm
EAD comes into picture only when you have filed i485. For your i485 filing, the date should be current and I do not think it will get current for July 2013 in next 20 years unless the US immigration is changed.
puneetbhagat 19 Mar, 19 at 8:53 pm
Hi @spot_anil_gupta:disqus. My PD date is Sep 2009, EB2 India. My EB2 I-140 is from a previous employer and based on your article to downgrade from EB2 to EB3 with the current employer will require the new EB3 PERM and file a new I140 with the EB3 category. Since PERM process will take its own time, would you recommend starting the process now or wait for EB3 to be current for my PD? Or do you believe with EB2 to EB3 downgrades in general, EB2 should be current for Sep 2009 sooner than new PERM timeline? Please advise.
Also, do you see any downsides of downgrading from EB2 to EB3 on H1B extensions or EAD/AP card extensions using EB2 application?
Anil Gupta 19 Mar, 19 at 9:31 pm
Haven’t your current employer filed PERM and i140 for you in EB2 yet?
If not, then it is a good idea to at-least start the PERM process.
puneetbhagat 19 Mar, 19 at 10:20 pm
Sorry that I was not clear about the PERM and I140 in my initial post. I had my I485 filed with previous employer so new one only had to do AC21. My question was around filing new PERM for EB3 with new company to downgrade from EB2, as the EB2 is from previous employer and requires a new PERM.
So going back to my original question – would you recommend initiating PERM for EB3? Also, do you see any downside of downgrading to EB3 on my current H1B or EAD renewal?
Thanks @spot_anil_gupta:disqus. I am exploring that option with my attorney as well. As far the timeline for GC EB2 India Sep 2009 date to be current, what is your take on that? With the downgrades from EB2 to EB3 in general, would the EB2 not benefit and hopefully EB2 dates should progress at some point.
Anil Gupta 20 Mar, 19 at 5:25 pm
Ya..EB2 should progress but it will still be slow and might take about 12+ months.
Naga G 18 Mar, 19 at 2:21 pm
Hi Anil , Firstly thank you for your time to answer the questions .
Question – PD Date – EB2 -India -Nov 2009
If EB3 India moves up to Nov 2009 before EB2 India , we plan to concurrently file a downgrade. Are there any disadvantages to downgrading in terms of denial or rejection? In an ideal scenario we can provide a reason for upgrade.Can we say that we are downgrading to speed up GC process ? Is that an acceptable answer ?(During an Interview)
Also If EB3 downgrade for some reason takes a wrong turn, will it impact the existing EB2 I 140 ?
My spouse’s priority date is 12th Nov 2009(EB2 India) , and I am on H4 EAD . Both of us work and current extension is valid until June 2020 . We also own an LLC which was opened on H4 EAD . We are unable to decide the downgrade to EB3 option. Few questions around it –
1. DF chart for EB3 India moved to April 2010 . USCIS ,as I understand tells us if that chart can be used to file I-485 . Considering our scenario , what are the chances that we will at-least get an EAD if we downgrade to EB3 ?
2 . In case we don’t get an EAD before June 2020 , do we have to dissolve the LLC ?
3. From status point of view , is it better to just stick to EB2 and wait for the wonder to happen 🙂 ?
Appreciate your inputs .Thank you!
Anil Gupta 17 Mar, 19 at 3:10 am
“Date of filing” chart was open until Jan 2019 for use. If you did not file your EB3 i485 already, you have missed the chance. You cannot file it now until the DF chart opens again.
You can file for EB2 to EB3 downgrade right now or wait for PD date to get current in Final action date chart and then file EB3 i140 + i485 concurrently.
My suggestion is to wait and file concurrently.
Naga G 17 Mar, 19 at 8:41 pm
Thank you very much for your response.
Indian Joker 16 Mar, 19 at 4:33 am
Anil, you had predicted that EB-1 filling date will move forward by a month in April 2019 but it has not. 1) When do you foresee it moving to Dec 2018 (which is my PD) at least? 2) Can I apply for an EAD/AP along with my I-485? How long does it take for this EAD/AP to be processed?
Anil Gupta 16 Mar, 19 at 5:02 am
Yep, my prediction for EB1 in April 2019 went wrong.
I will update my estimate for May 2019 soon.
You can only get EAP/AP when you date is current and filed i485.
Thanks! I think you meant to send this link instead: https://www.am22tech.com/uscis/ead-processing-time/. The one you have sent is to track I-485 processing not I-485 EAD. BTW, one more question: my I-140 was filed in Nebraska. I live in NYC. Do you know which center would my I-485/EAD be filed at? (i.e. whenever it’s finally filed)
Anil Gupta 16 Mar, 19 at 12:43 pm
I don’t know.
Horizon 14 Mar, 19 at 7:46 am
My spouse’s priority date is 19th Nov 2009, and I am on H4 EAD, what do you thing when the date will be current for GC, He already got 5 times H1B extension and woking in Sanofi ( Big Pharma company), do you thing in future there will be any issue for H1B extension.
Anil Gupta 14 Mar, 19 at 7:57 am
You have neither mentioned the EB category for your GC nor the country of birth. I cannot estimate without enough information.
Horizon 14 Mar, 19 at 7:57 am
Anil Gupta 14 Mar, 19 at 7:03 pm
It will take about 1-2 (may be more) years easily for EB2 India to reach 19 Nov 2009.
Horizon 15 Mar, 19 at 8:54 am
Naga G 15 Mar, 19 at 9:34 am
Hi Anil , We are in same situation . A followup question and trying to seek some advice- Do you recommend downgrading to EB3 ? I am on H4 EAD and is valid through June 2020 . Not sure of H4 EAD’s status at this point. Considering it will go by Dec 2019 when we will be eligible for extension , what are our options really ? Also do you think DF chart for EB2 will move in near future which will give us another opportunity . Thank you in advance for helping with all these questions.
Anil Gupta 15 Mar, 19 at 7:35 pm
I do not understand your situation as you have not mentioned your PD date.
If your PD date is same, then I have already given my answer earlier and that should be valid for your as well.
Faltu 11 Mar, 19 at 2:46 pm
Any idea when can EB3 (I) March 2010 becomes current? Downgraded from EB2 to EB3 TO get EAD (still in process) – trying to get an idea when it can become current. Thanks!
Anil Gupta 11 Mar, 19 at 2:59 pm
At this time, it is difficult to say anything with good confidence. I am waiting for USCIS i485 pending data and then can estimate in a better way.
Faltu 14 Mar, 19 at 9:25 pm
April bulletin moved eb3 i to June 09. I know it doesn’t give any idea about pending 485 but may give a clue as they decided to move even after seeing eb2 to eb3 downgrade numbers. what is your thought?
Anil Gupta 15 Mar, 19 at 6:21 am
Good that its moving but it will retrogress by end of Sep 2019.
Sumit 11 Mar, 19 at 1:07 pm
Thank you for putting together facts into this insightful post and sharing the same. To my discredit I have been somewhat lackadaisical in my GC process and had mostly left it to my company & lawyers which now has come to haunt me.
To share some back ground:
Company-A which processed my original GC (I-140 was approved under EB-2 with a PD of 04/02/2012) split owing to corporate re-structuring and I was migrated to the spin-off Company-B. Now the new Company-B is re-filing my GC under the new legal entity. The paralegal handling my case informed me that the PD for my case will retain the original date.
Appreciate if you could please confirm if this is correct.
Also, we’ve been putting off purchasing a home and have been renting while GC is pending. We were considering purchasing a small home rather than continue renting if it will be more than a few years before GC else probably go in for the “dream” home if GC is only a couple of years away.
When would you estimate I would be able to file for i-485 EAD and receive my GC? We understand that anything provided here is ballpark only and will treat as such.
Thanks again for sharing.
Anil Gupta 11 Mar, 19 at 2:36 pm
Green card priority date can be ported with approved i140 legally. This is correct.
As per my estimation, your 2012 PD date will take at-least 10 years to be current unless the immigration law is changed.
So, if you want to move in to “Dream home”, move in now without waiting for GC and losing prime time of your life.
Sumit 11 Mar, 19 at 6:09 pm
GOT 7 Mar, 19 at 6:06 am
My PD is August 19th 2010 EB3 India. Any idea when it might be current.
Anil Gupta 7 Mar, 19 at 10:31 am
It is difficult to predict but as per my estimate, it will take at-least another 3 years for your Aug 19, 2010 date to get current.
GOT 7 Mar, 19 at 1:05 pm
Thanks Anil for the reply. Do you think Dates for Filing chart might be current in the first quarter 2020 and can expect EAD ? Since they are current till April 1st 2010 in JAN 19 bulletin.
Anil Gupta 7 Mar, 19 at 1:54 pm
No, i do not think EB3 date of filing will reach August 2010 anytime sooner due to EB2 to EB3 downgrades that are happening currently in large numbers.
GOT 7 Mar, 19 at 5:20 pm
Thanks Anil for the reply.
Ajit Kumar 6 Mar, 19 at 2:56 pm
My PD is Oct 31st 2017. I have my approved i140, but have not filed 485 . Would you be able to advise :
– When my dates would become current based on the new analysis
– Would USCIS accept DF dates any time soon ??
Anil Gupta 6 Mar, 19 at 4:26 pm
Your PD date of Oct 2017 will get current possibly after 90 years if the US immigration law is not changed to remove country based limits.
Ajit Kumar 6 Mar, 19 at 4:57 pm
Thanks Anil for the quick reply.
I should have mentioned that it’s EB 1. Can you please advise.
Anil Gupta 6 Mar, 19 at 5:06 pm
As per my estimate, your EB1 date may get current by Nov 2019.
Ajit Kumar 6 Mar, 19 at 5:07 pm
Thanks Anil. Appreciate it. Have a good evening
Remi Nders 21 Feb, 19 at 11:46 am
Hi Anil, thanks for detailed and insightful analysis. I have EB2-I-140 approved with PD 3-Aug-2010 thru former employer A. With current Employer B, I got new PERM approved on 29-Nov-2018. My current Employer B’s attorney’s is pushing me to decide on EB2 or EB3 category and file for next step which is I-140. With EB3 movements in recent months, I am not able to decide whether to go for I-140 with EB2 or EB3. My employer is also saying they will do I-140 only once( no downgrades or upgrades later).
What would be your recommendations for me considering current situation? Appreciate your guidance.
Note: My current H1B is valid till 21-Sep-2020 and I think I would need an approved I-140 for current employer to extend H1B in 2020. I also saw in your post – “USCIS has stopped the use of ‘Date of filing’ chart in February 2019 Visa Bulletin”- What does that mean? Thanks
At this time, only ‘final action’ chart in the visa bulletin is allowed to be used. ‘Date of filing’ chart was available only till Jan 2019.
Remi Nders 21 Feb, 19 at 4:51 pm
Thanks Anil for guidance. Does that mean that going forward there is no meaning of “Date of Filing” Date, is it only for India? Would we be able to use only “Final Dates” to apply for 485, EAD etc? But I can see Date of Filing changed from to 01-Oct-18 in Feb bulletin to 01-Mar-18 to Mar bulletin for Philippines.
If Date of Filing for EB3-India was moving forward ( currently 01-APR-10 for EB3) than I had a good chance of hitting my PD 3-Aug-2010 in next few months? Any idea what is the reasoning that USCIS would not be progressing Date of Filing?
Anil Gupta 21 Feb, 19 at 9:13 pm
USCIS opens up the use of ‘Date of Filing’ chart occasionally. They notify it explicitly and I update the article too.
At this time, only ‘Final Action’ chart is available for using and filing i485 applications.
Jitesh 28 Jan, 19 at 8:52 pm
My PD is EB2 May 26 2009. Do you think it is worth it to downgrade to EB3?
Anil Gupta 9 Feb, 19 at 10:02 am
If you want to get the i485 EAD and AP, then you can file EB3 downgrade.
It is possible that EB2 final action date may not reach May 26, 09 at all by the end of current fiscal year.
Thanks Anil. Forgot to mention that I already have EAD and AP (since 2012). I am wondering about is it worth it to downgrade to get Green card faster? Trying to evaluate risk vs reward if I downgrade to EB3.
Anil Gupta 9 Feb, 19 at 10:43 am
If you already have EAD and AP, then there is no use of filing i485 with EB3 at this time. Until, the ‘Final Action’ date is current for you in EB3, you won’t get Green card anyway.
Jitesh 10 Feb, 19 at 12:27 pm
Wouldn’t I need to file new I-140 for EB3 first? I don’t need to wait for “Final Action” to be current for filing I-140 right? I think It takes few months to get I-140 approved. So by the time I-140 gets approved, “Final Action” date may become current for EB3 and then file EB3 I-485 at that time. But there is also possibility that EB2 date becomes current before that. So that’s why I am confused.
Anil Gupta 11 Feb, 19 at 8:13 am
That’s why I have suggested to wait for the EB3 final action to get current before taking any action.
It is possible that EB2 final action may get current earlier than EB3.
This race between EB2 and EB3 will continue now as both are pretty much same at this time and people would be jumping from one queue to other.
Jitesh 11 Feb, 19 at 1:51 pm
Dexter 14 Feb, 19 at 9:18 am
How did you get EAD and AP if your priority date is not current? Wondering if it is still possible?
Anil Gupta 14 Feb, 19 at 10:16 am
He would have filed his i485 and EAD + AP when the 2012 dates got current some years ago.
It just happened once and since then, the EB2 India dates has never touched 2012 again.
Faltu 11 Mar, 19 at 2:59 pm
2012 was current sometime ago? I definitely missed that 🙁
Anil Gupta 11 Mar, 19 at 2:59 pm
Not sometime….some years ago :). Yes, it did get current once upon a time and has never been able to catch up till today!
Suresh 14 Jan, 19 at 9:49 am
From where did you get the counts of PERM applications, can you share me the link. I am following some other threads, but those have different counts than yours. (Slightly lower counts than yours)
My PD is Feb 1,2011. I have both EB2 and EB2 I-140 from same employer. If in the future EB3 becomes current, do I need to do anything or just file I-485 with the EB3 I-140 ?
Thank you and much appreciated.
Anil Gupta 14 Jan, 19 at 10:04 am
You are one lucky chap!
You can simply file EB3 i485 as and when date gets current.
Karthik 14 Jan, 19 at 9:47 am
I had Eb3 Jun 2011 PD but ported to Eb2 3 years back,. My question, do i still need to downgrade to Eb3 and apply for I140? when do you think my PD will be current.
Anil Gupta 14 Jan, 19 at 10:04 am
At this time, there is no need to downgrade. Jun 2011 will take at-least 3-4 years to get current.
Anil Gupta 24 Oct, 18 at 5:48 am
Thanks KS for sharing the details. You have done a fair analysis. Appreciate it.
Abhishek Kohli 18 Oct, 18 at 1:34 pm
Thank you for this Elaborate Analysis.
Anil Gupta 18 Oct, 18 at 1:41 pm
You are welcome.
EB2Wait 27 Jun, 18 at 10:42 pm
I don’t think EB2 India wait time will go beyond 15 years in near future.
Anil Gupta 28 Jun, 18 at 6:11 am
Hope for the best. But, today, it is more than 20 years already.
IndianGuy 27 Jun, 18 at 9:44 pm
I will ask you not to spread fear. You have shown 2879 EB2 India GC were issued last year but if you see historically USCIS issued 10K+ visas for EB2 India in previous years. Your stats mean nothing. Also the dependent numbers are too large.
Anil Gupta 28 Jun, 18 at 6:10 am
I am not spreading fear. These are facts and official figures shared by USCIS and Travel.State.gov officially.
Check the travel.state.gov’s official report for EB2 Indian GC issued in 2017 and it shows the number 2879. I am not cooking this number at home 🙂
If you want to ignore them, then it is your choice. The source links are also provided in above article to validate the interpretation.
IndianGuy 28 Jun, 18 at 8:15 am
Can you list the number of EB2 India visas given in last 10 years? The same websites also provide historical data. In past even 17K EB2 visas were given in a year. One bad year does not mean anything. Lets look at all the historical stats. ROW EB2 demand will go down as EB3 is current. China is already down porting. Also EB1 can not sustain huge demand for long. That is for highly qualified people, the entire world can not become researcher or manager and there will be slowdown on that too.
Anil Gupta 28 Jun, 18 at 8:42 am
That’s one of the analysis that you are supporting based on the assumption that EB1 and EB3 will not have much demand and will be giving away GCs to EB2.
I have shared my analysis from a different point of view (based on the last 10 years increasing demand for EB2 and EB1) where I beleive that all 3 will see high demand and hence EB2 will loose in the race.
liksup 25 Oct, 18 at 2:51 pm
Thanks for a detailed analysis. What would be your prediction may be a person whose priority date is in between lets say end of 2012 or so in EB2? Also, just to let you know few of my friends from Oct 23rd 2009 got their green cards last week or so, may be some hope that it might move little quicker, but for sure 151 years may become 100 years but not much quicker who applies now or so.
Anil Gupta 25 Oct, 18 at 3:39 pm
Not sure how Oct 2009 people got Green card without getting current. Are you talking about EB2 here?
Please be careful with your words. I don’t appreciate the hard language.
If you want to discuss, please appreciate the other person’s view too.
Your analysis does not match our analysis does not mean that we are telling half truth.
2011 is history my friend. Before 2011, EB2 people used to get GC within 5 years.
Today, the priority date has just touched 2009!
If your mathematical calculation says that you will gain EB2 years, then, be happy with it.
I am not asking you to believe my analysis or take any action based on it.
There are many such interpretations of current numbers.
IndianGuy 28 Jun, 18 at 10:37 am
Anil, I am sincerely sorry if I used wrong words. Being an Indian and waited more than 10 years to get a green card, I feel the pain of the fellow countrymen. The long wait delays natural career growth and family priorities. I have cousin brothers who are now in GC queue. The current immigration policies are becoming stricter and I am worried that news like this will cause fear, uncertainty, doubts. That’s all. Just trying to understand why so many EB1. When I applied my EB3 GC back in 2003, only handful respected guys used to get EB1 (could be 1500 max). May be the world has become more qualified and competitive in last 15 years.
Anil Gupta 28 Jun, 18 at 11:35 am
You are welcome.
My analysis is based on the current priority dates and the number of PERMs filed in last 5 years. The current back log is already 300k.
If the immigration law is not changed, there is little hope (0.1%) for any Indian to really see green card in their whole lifetime.
Even if the country limits are removed, any Indian with 300k backlog will still take 10-5 years to get his GC.
Also, EB1 has started to see restricted priority dates each year whereas earlier, EB1 was always current and nobody expected it to even get subscribed to full quota. Most of them are ‘so called ‘International Managers’ that eat up EB1 quota.
Given this trend, it is difficult to expect EB2 to see any relief soon. If EB3 moves past EB2 priority date, people will start jumping from EB2 to EB3 as has happened in case of Chinese nationals.
IndianGuy 28 Jun, 18 at 4:26 pm
Just on a lighter note, how are you expecting a pro-immigration law from the current president, who is proposing travel ban, imposing import tax tariff, restricting EB5, H4 and certainly have no liberal immigration mentality. Hope you follow news. I think new law is not a possibility but when EB2s will become managers, they will all upgrade to EB1.
Anil Gupta 28 Jun, 18 at 4:34 pm
I do follow news. There were two laws proposed to make changes to immigration law to make green cards merit based and stop family chain migration.
If you read the details of those bills, they would have helped speed up the jammed queues by making more GCs available to existing backlogged queues. Unfortunately, Both of them have been voted out this week.
On one hand you are optimistic that EB2 will improve and on other hand, you say that I should not expect anything from Trump!
I do not understand how you project EB2 queue to improve without any change in law, by your calculation.
EB2 to EB1 is not a cake walk. So, EB2 to EB3 is possible but not EB1.
The ‘International manager’ loophole exploited by consulting companies is what makes lot of people eligible for EB1. But, its not easy as choosing to do it and you get it. There are lot of restrictions and proofs required.
R4J 27 Nov, 18 at 2:45 am
Hey Anil, are you saying that people who filed GC in EB2 can downgrade to EB3? Wouldn’t they need proper reasons or documentation for doing so? Also, if the trend reverses the same people would upgrade to EB2 won’t they? Will the employers do such a thing for an FTE, I would assume it would be mostly done by consultants.
Anil Gupta 27 Nov, 18 at 9:27 am
Yes, that’s what is going to happen now i.e. EB2 to EB3 downgrade.
Chinese people have been doing it for last couple of years as they faced this same situation earlier when their EB3 moved faster than EB2.
EB2 to EB3 downgrade is easy but then if you want to move up again i.e. EB3 to EB2, you might find it difficult to explain the reasons!!
This whole system is crazy and US immigration lawmakers never imagined that any such situation can ever exist. But, it is a reality today and soon you will see people starting jumping the EB2 queues.
Aristotle 24 Oct, 18 at 12:37 am
EB1 has three sub categories: EB1-A (Extraordinary Ability), EB1-B (Outstanding Researcher or Professor), and EB1-C (International Manager). I got my GC in EB1-B, but that’s because I have 2 Masters, and a PhD (from an IIT and a respected US University) and several publications, teaching experience, etc.
The reason why there have been so many EB1 applications and approvals in the past years is EB1-C. Many unscrupulous Indian (and even American) companies have been exploiting a loophole in the law and applying for GC on behalf of their employees in the EB1-C category by the hundreds. When applying in the EB1-B (OR) you have to produce objective proof (publications, citations, letters of recommendation from independent third party reviewers) that the applicant is an internationally renowned researcher. For example, USCIS will give little weightage to a reference letter from your PhD adviser since that person is not an independent referee. In contrast, USCIS does not impose such restrictions on the documentation supporting a EB1-C (International Manager) application. The documentation is all internal, and as a result companies (and their lawyers) easily produce paperwork proving that such and such applicant qualifies for the EB1-C category. You would’ve heard of fake resumes. Well, this is one place where fake resumes are prevalent.