Can someone objectively explain what the new cutoff date for EB-2 world means in practice?

[joas]

Some people say it is current, some people say it is not current. Some people say it is very likely to be current by October 1st. Some people say I will have to wait a long time to get my green card. etc etc etc

Did they set a cutoff date for EB-2 world just to block new I-485 applications for this fiscal year?

Can someone give me a best case and worst case scenario in terms of waiting time without beating around the bush?

Here is my situation.

- I-140 is approved.

- Priority date is November, 10, 2011.

- I-485 is submitted. Receipt date is May 17, 2012.

- Fingerprints are taken.

- I am EB-2 world category

I heard everything from I will have to wait forever to as soon as more visas become available in the new fiscal year (Oct 1st, 2012), my green card will be approved.

Can someone with experience advise here on the best and worst case scenarios for my case?

Many thanks!!!

[GC2008]

Yes EB2 Cut of date is Jan2009 and your priority date is Nov 2011. Visit following link. if you can see the link google visa bulletin July 2012.

http://wwwDOTtravelDOTstateDOTgov/visa/bulletin/bulletin_5749DOThtml

It is likely that EB2 other will be current from oct when new fiscal year starts.

[joas]

Yes EB2 Cut of date is Jan2009 and your priority date is Nov 2011. Visit following link. if you can see the link google visa bulletin July 2012.

http://wwwDOTtravelDOTstateDOTgov/visa/bulletin/bulletin_5749DOThtml

It is likely that EB2 other will be current from oct when new fiscal year starts.

You did not say much. I already knew that Jan2009 comes before July2012. My question is: what is the worse and best scenario for my situation in terms of waiting time? Is it possible to get my GC before Oct 1st? If it becomes current on Oct 1st, how long will I have to wait assuming my I-485 is approved and I am just waiting for a visa availability?

Only someone with experience will be able to answer that.

[JoeF]

They used too many visa numbers for this fiscal year.

For next fiscal year, which starts on Oct. 1, things are reset. That means that EB2-ROW is likely to become current then.

An I-485 can absolutely only be approved when the PD is current. With the PD for EB2-ROW not becoming current before Oct. 1, your I-485 won't be approved before Oct. 1.

[tusharvk]

DOS publishes the data on the past 10 year on how the dates have moved over the years month to month.

Please review the data on the website. You can make some judgement based on that.

I had not realized the situation had become worse even for EB2 row. But I guess there is a reason a cut off has been established there.

With RD of 5/12, you are still within the normal processing times (4 months)for 485. As you near september, if you have not heard anything you can raise SR to understand what the status of your 485 is.

[catx]

Based on what I have read, there are a number of possible scenarios ...

If your I-485 is / gets pre-adjudicated by the October 2012 visa bulletin and EB2-ROW becomes current again at that time (as generally predicted), then a visa number can be allocated and your green card should be issued in a few months (may well be by the end of the year).

If your i-485 is not been pre-adjudicated by the October 2012 visa bulletin and EB2-ROW becomes current again at that time, then it will be longer for your I-485 to be adjudicated, a visa number allocated, and the green card issued, but still likely months not years.

If EB2-ROW continues to have a cut-off date (in and past the October 2012 visa bulletin), then it is likely that your I-485 will get pre-adjudicated before your priority date is current. Then once your priority date becomes current in a visa bulletin, a visa number can be allocated and the green card issued, but it could well stretch into mid 2013 (or longer) being based on visa bulletin cut-off dates.

Regardless, being EB2-ROW with a submitted I-485, you are better off than the majority of immigrants pursuing permanent residency, whose wait is measured in years and even decades.

[Attorney_22]

The latest update from the Department of Labor has informed us they expect the EB2 category for “Rest of World” to be current on October 1, 2012. If this is true, it is still hard to estimate how quickly your green card will be processed once the PD is current. However, assuming your 485 has been pre-adjudicated and only waiting on PD availability, the green card could be issued in a matter of weeks to months.

[joas]

Thanks for your experienced voice !!! You said:

However, assuming your 485 has been pre-adjudicated and only waiting on PD availability, the green card could be issued in a matter of weeks to months.

What determines the difference between weeks to months? The backlog? Don't they simply take ALL pre-adjudicated I-485s and issue green card assuming they will have enough visas in the start of the fiscal year?

[JoeF]

Thanks for your experienced voice !!! You said:

What determines the difference between weeks to months? The backlog? Don't they simply take ALL pre-adjudicated I-485s and issue green card assuming they will have enough visas in the start of the fiscal year?

They request visa numbers from the Department of State, and only when they have received the visa number then they can approve the application.

[catx]

What determines the difference between weeks to months? The backlog? Don't they simply take ALL pre-adjudicated I-485s and issue green card assuming they will have enough visas in the start of the fiscal year?

USCIS’ processing of the backlog of pre-adjudicated I-485 applications. There is no way to know how many cases are in the backlog / queue nor the time it will take to process (it is not automatic 'push the button', it takes USCIS adjudicators -- people -- to do the work). Thus, the best anyone can give is a range of time (except where there are statutory maximum times as with premium processing).

[Belle]

You may have other unresolved items on your application, of which you are not aware of, which are not finished, like security checks or criminal background checks with your country. That may delay the application.