tht

Probably because unless the beneficiary also happens to be the business owner, which is less likely for an L1b than and L1a this process is done by the employer and/or a lawyer their employer engages not the beneficiary…

hutchison

yes that is correct, I did not have control, it was at their pace, I was able to discuss with my boss and he was supportive, they are just slow to react.

received L1B 6/17.
L1B extension 2020.
GC PERM PWD submitted 3/21.
PWD rec 8/21.
Labor market test completed 3/22.
Perm filed 4/22.
Converted to L1a extension - approval 6/22.
Perm certified 1/23.
trip outside of U.S extended filing times due to being present & I-94.
filing of I-140 PP 4/27
filing of I-485 / I-765 / I-131, 4/27

hutchison

for the OP's info, a few more steps down the line, now waiting an RFE for medical & anything other RFE potential, we did not have a medical history on file which meant getting jabbed, cvs was free for us it is under BCBS.

received L1B 6/17.
L1B extension 2020.
GC PERM PWD submitted 3/21.
PWD rec 8/21.
Labor market test completed 3/22.
Perm filed 4/22.
Converted to L1a extension - approval 6/22.
Perm certified 1/23.
trip outside of U.S extended filing times due to being present & I-94.
filing of I-140 PP 4/27 , approved 5/12 .
filing of I-485 4/27, biometrics 5/24.
filed I-765 / I-131, 4/27.

postbox134

You're about 4 months ahead of me, my employer filed EB-3 PERM August 2022 - still waiting for approval from the DOL. Should be any time now. The whole PERM processes started Sept 2021 (took 8 months for PWD + 4 months for recruitment).

Unfortunately for me, EB-2/3 is now retrogressed for ROW so I will have to wait before filing i485

hutchison

oh the wait , I found landscaping projects helped, and room remodel's, take the sting off

S Folinsky

Some general comments on visa availability.

The government Fiscal Year starts on October 1st. So October 1, 2023 is the beginning of FY2024.

The Immigration & Nationality Act allocates visa limits on a FY basis with quarterly sub-limits to even out visa issuance. The sub-limits are somewhat front loaded in that the 4th quarter of the FY has a lower limit than each of the first three quarters. As a result, it is not uncommon for rétrogressions to occur in the later months of the FY only to shorten or disappear in the Q1 of the subsequent FY.

Do note that the Visa Bulletin has two charts - Filing and Final Action. When it comes to adjustment applications, USCIS determines shortly after issuance of each month’s Visa Bulletin as to which date they will follow for filing of I-485’s.

postbox134

This is good information for sure, but it's still frustrating that I could have to wait until October to file (with unknown i485 processing times after that!). Considering this process will have started more than 2 years before at that point (and after 4 years in the US).

Hopefully EB-2/3 ROW gets split, there's some talk of lots of applications from a very small number of countries taking a large % of available visa numbers.

hutchison

wee update tacked on, for those of you going the through the same, its been a minute.

hutchison

I received this message from the case checker: 'We are temporarily pausing work on your application because an immigrant visa number is not immediately available to you. Once an immigrant visa number becomes immediately available to you, we will resume processing.'

reading the final action dates on the visa bulletin the EB3 date is Nov-22, since my priority date was April-22 I would say that means they ran out of allocated visas for FY2024. - does that sound likely?. and there is a note on the - Uscis adjustment of status FAQ's - that says FY ends sept 30th, does that mean there is no new allocation until after sept 30th? thanks for any experience anyone has.

postbox134

That's not possible, if they run out it tends to be right at the end of the fiscal year (September) and then in the Visa Bulletin it'd be 'Unavailable'

When did your status change to Case Remains Pending? It could be an old message. How long has your I-485 been pending and showing current in the Visa Bulletin?

Checking back - when you filed I-485 your PD basically right away became not current until Jan 2024, and has been current since then. It's possible that the last time an officer reviewed your case was before Jan 2024 when there was no visa number, and it's been in a pile awaiting adjudication since.

hutchison

ok, maybe they are in the 3rd quarter of allocations, since the FY started in oct '23. the post from S Folinsky underlines that.
the case checker changed this morning, I am not sure what you mean by pending , the I-485 was filed April '23.

also on the case checker was this message, i do not think it applies to me since i am still EB3, i do not recall submitting a transfer of underlying basis request, but i did submit a 204j. : 'PLEASE NOTE: In the event that you have submitted a valid transfer of underlying basis request, then this Case Status Online message does not mean that USCIS has paused work on your application. Our systems do not currently have the capability to automatically update the receipt of a transfer of underlying basis request or Supplement J at this time. The message will be updated in Case Status Online, however, after USCIS takes some other action on the adjustment of status application (for example, issuing a request for evidence, transferring the application between offices, or approving the application).'

postbox134

The three quarters of allocation is shown in the large movements in the Visa Bulletin at quarters start (typically) - to prevent all the visas being used in Q1 and then nothing for the rest of the year.

By pending I mean the message you got above, that is often referred to as 'Case Remains Pending' or CRP - i.e. we're pending a visa number.

I don't think doing I-485J would change that - but I could be wrong. Odd that it shows as that when you have a visa number available and have done for some months. The link you refer to is mostly from Indian folks downgrading EB-2 to EB-3 during COVID when EB-3 moved faster, shouldn't apply for you.

S Folinsky

Trying to figure out what will happen in an individual case can be a path to madness as a former participant in this forum liked to note.

For your general information, here is a description from the Department of State on allocation of visa numbers numbers. Do note visa numbers come from State but adjustments are handled by Homeland Security. Also note that State makes a determination once a month. The June allocations will happen next week.

The message you received notes waiting for an immigrant visa number.

hutchison

this is very informative, thanks.