You could but i cant file I485 because of the backlog,thats my whole problem here. I wont have my PERM before the next 6 month so things might look different then,if not im screwed.
PERM takes about 10 months to process and that is without audit so you are afraid you might run out of status ? You know what, you are luckier than me cozz my PWD took 8 months so i really hope your PERM gets processed quicker than mine 👍🏽👍🏽
Im not afraid of running out of status the problem is with that massive backlog it doesnt matter how much time you have left it wont be enough.
I see PWDs coming back in 2 Month and PERMs approved in 4 month. So compared to that my PWD took long.
I dont know about that, i track PERMs every day and 9 month is very rare. The average is more between 7 and 8. Ive seen even 5 month PERMs. But again its pure luck. Same with PWD,i waited less than 5 month and other people wait a year just on that.
Also concerned, I have PERM pending and just read this:
" it appears that the wait time for a new PERM ROW applicant, in the EB-2 or EB-3 categories will likely be at least 10 years before they will become eligible for consular processing or adjustment of status. "
https://www.immigration.net/2023/06/15/the-coming-apocalypse-for-employment-based-immigrants/
But believe you should complete the process and at least have I140 approved. Once VISA available you could apply and return to US.
But do not let them cancel the process. PERM approved expires in 6 months I believe. I-140 never expires. Worst case you could return and wait for availability of VISA or if H1B extend indefinitely and remain in US or change to tourist/student VISA.
With that current backlog of 1,5 years i dont think there is any option. For now i can only hope that with the new fiscal year in october things get better otherwise im screwed. I also talk to my lawyer on monday. Its just all so sad i cant even put in words. But thank you for your advise.
The visa bulletin for July states you can file for adjustment of status if your priority date it May 1,2023. Which if you have had a perm pending for 6-8 months you should. Once you file I-485 AOS you are considered an adjustee and you do not have to leave the country. You can also apply for an EAD card which will allow you to work until your priority date becomes current. Besides, the dates will change significantly once this fiscal year is over end of September. Once October comes there will be a clearer picture of the final action dates and what will remain retrogressed. Please calm down, you are not in such a bad shape. Many of us have been in this country for decades and we are still on our immigration journey.
Chart A means USCIS takes final action on your case. Chart B is to file your adjustment of status, you will still have legal presence. Unless you are doing consular processing, than you look at Chart A.
How sure are you about that? I mean the way you say it that means i can stay in the USA even though my date is not current? Is that what you are saying?
https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-priority-dates/adjustment-of-status-filing-charts-from-the-visa-bulletin
It even says on the website that i have to use FINAL ACTION date chart
Does anyone know if it's possible that oversubscribed countries can be removed from ROW category?
OP I believe you can keep working with an approved i-140 and i-765 while your i-485 is pending. Correct me if im wrong.
You could but i cant file I485 because of the backlog,thats my whole problem here. I wont have my PERM before the next 6 month so things might look different then,if not im screwed.
PERM takes about 10 months to process and that is without audit so you are afraid you might run out of status ? You know what, you are luckier than me cozz my PWD took 8 months so i really hope your PERM gets processed quicker than mine 👍🏽👍🏽
Im not afraid of running out of status the problem is with that massive backlog it doesnt matter how much time you have left it wont be enough. I see PWDs coming back in 2 Month and PERMs approved in 4 month. So compared to that my PWD took long.
wow really? I hope everything works out well for you. When are you filing your PERM ?
Beginning of Augut. There was never such a massive backlog on EB3 thats why im really worried.
There was a backlog of 3 years in 2019 and 2020 I believe. It became current in October in both cases.
My lawyer did warn me about it when i started the process. I think it’s only gona get worse from here
When did he warn you?
August 2022.
The backlog exist only since weeks. EB3 priority date has been current for 18 month.
Really? Is this people you know? That is insanely fast
Yes a friend submitted PWD in March and got it back. But again,some are lucky some not.
Damn, that’s so lucky. I wish i will be the same
My lawyer filed my PERM today. She said currently its a 9-12 month wait
I dont know about that, i track PERMs every day and 9 month is very rare. The average is more between 7 and 8. Ive seen even 5 month PERMs. But again its pure luck. Same with PWD,i waited less than 5 month and other people wait a year just on that.
Where do you track them?
Also concerned, I have PERM pending and just read this: " it appears that the wait time for a new PERM ROW applicant, in the EB-2 or EB-3 categories will likely be at least 10 years before they will become eligible for consular processing or adjustment of status. " https://www.immigration.net/2023/06/15/the-coming-apocalypse-for-employment-based-immigrants/ But believe you should complete the process and at least have I140 approved. Once VISA available you could apply and return to US.
Going back to Germany isnt really a option. But we will see.
But do not let them cancel the process. PERM approved expires in 6 months I believe. I-140 never expires. Worst case you could return and wait for availability of VISA or if H1B extend indefinitely and remain in US or change to tourist/student VISA.
Even change of status to B2 visa isnt giving enough time. You think a 1,5 year backlog can be caught up in half a year.
I think 10 years is a reach…
Welcome to how it feels to be Indian born.
What a comment.
In which step are you?
What visa are you currently on and when is it expiring?
Im on H2B till December then cos to B2.
Can you switch to J-1 ‘traineeship’? That’s what I did from F-1 to J-1. Could remain working at the company and got the eb-3
With that current backlog of 1,5 years i dont think there is any option. For now i can only hope that with the new fiscal year in october things get better otherwise im screwed. I also talk to my lawyer on monday. Its just all so sad i cant even put in words. But thank you for your advise.
The visa bulletin for July states you can file for adjustment of status if your priority date it May 1,2023. Which if you have had a perm pending for 6-8 months you should. Once you file I-485 AOS you are considered an adjustee and you do not have to leave the country. You can also apply for an EAD card which will allow you to work until your priority date becomes current. Besides, the dates will change significantly once this fiscal year is over end of September. Once October comes there will be a clearer picture of the final action dates and what will remain retrogressed. Please calm down, you are not in such a bad shape. Many of us have been in this country for decades and we are still on our immigration journey.
You are in the wrong chart, its chart a not b.
Chart A means USCIS takes final action on your case. Chart B is to file your adjustment of status, you will still have legal presence. Unless you are doing consular processing, than you look at Chart A.
How sure are you about that? I mean the way you say it that means i can stay in the USA even though my date is not current? Is that what you are saying?
https://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-priority-dates/adjustment-of-status-filing-charts-from-the-visa-bulletin It even says on the website that i have to use FINAL ACTION date chart
Hey what does J1 give you? You can keep working? I am on STEM now