In their efforts to use up all the available quota by, USCIS has failed to process cases in the order they are received. Unfortunately, not much you can do about the lack of FIFO. Still not over.Ĭontrast that with some extremely fast approval times for 2022 filer. Been waiting almost 2 years up to this point. Some pending I-485s (filed in October 2020) are now being transferred to National Benefits Center. Dependents will still receive permanent GC as long as the marriage took place more than 2 years at the time of filing. If you are in this situation, you may consider the family-based route under f2a. Also notably, many dependents’ I-485 were separated from the Primary and many dependents’ I-485 are left stranded after Primarys’ I-485 have been approved. Unfortunately, many 20 filers got bumped to the end of the line. In summary, we saw a flurry of I-485 approvals that were filed in 2022 in recent months. USCIS has also announced that starting in October, applicants should follow the dates of filing chart when filing the I-485 applications. USCIS will receive but can not approve until visa numbers are available again.
#Ead processing time 2021 update
Update September 12, 2022Īlthough it is now clear that EB1 EB2 and likely EB3 numbers have been used up, USCIS will continue to receive I-485 applications in accordance with the current September 2022 visa bulletin. We are preserving evidence of our good faith attempt to cure in case USCIS later wants to blame the applicant for not saying anything about the wrongly issued card. Despite countless attempts to inform USCIS about the potential error, USCIS has not responded with a suitable course of action. We experienced a similar incident in 2021 where a family-based GC was issued despite PD was never current. We’ll provide updates as soon as they become available. What’s clear is that the EB I-485 process is a complete mess. This creates a lot of questions to which we don’t have answers. The crazy thing is that for the dependent, the case update showed the following: “We are temporarily pausing work on your application because an immigrant visa number is not immediately available to you”. Today, we received notification that the principal’s GC has been approved. They were among the unlucky ones who despite filing early missed out on receiving their GC before numbers were used up in early September 2022. One of our clients (an Indian National) filed I-485 EB2 in October 2020. We don’t have any answers yet but may provide updates later. This last post will end on a bizarre note. Future updates will be on a new page for FY 2023 filings (a link will be shared soon). We are going to close this page with this last post. We also received a recent I-485 approval for a ROW applicant. We were finally able to get verbal confirmation from USCIS that a visa number was probably pre-allocated to the applicant, and as such, the I-485 was able to be approved during a month when PD was not current. One final update about the client (from last update) whose GC was approved while visa was not available. If concerned that I-485 was approved incorrectly, you may should out to USCIS at 1-80 Update December 30, 2022 Advise applicant NOT TO contact USCIS when visa number is again available. The NBC will monitor visa number availability and complete adjudication once visa becomes available. If I-485 is impacted by retrogression, the application will be transferred from the local field office to the national benefits center. I-485 at the local field office or national benefits center If the applicant re-linked I-485 to a different I-140 in FY 2022, the applicant may again re-link back to the previous I-140 by submitting form Supplement J.
They may file/renew EAD or Advance Parole. USCIS provides answers to some pressing questions.ĭependent’s I-485 still pending while Principal’s already approved in FY 2022ĭependent continues to be in a period of authorized stay while I-485 remains pending. If you are thinking about F2A, also check out USCIS’s page on “transfer of underlying basis.” Update January 9, 2023 It’s difficult to say whether this will be faster than continue waiting for your I-485 (dependent) to be approved. According to February’s visa bulletin, it seems like the F2A category will no longer remain “current.” If you are a dependent whose I-485 did not get approved with the principal’s I-485, you may consider F2A and have the principal file an I-130 on your behalf.
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