robtuck

They are using FAD, so it's applications submitted before Jan 2018 that can file for Adjustment of Status.

NewStarter

Thank you that is not good. My priority date is October 2018 and the date for AOS seems to be Jan 01st. My L expires In Jan 2019. This has just become a lot more stressful.

Maybe I should leave the country for a bit and let it catch up!!

robtuck

It was 2 years behind in August 2018, so it has caught up a little, but slowed in recent months. Assuming I am tracking this correctly.

NewStarter

What nightmare, if I run out of L Status I assume I am screwed then. Have approved I-140 as well

NewStarter

Bumping this thread. Is anyone else on an endless wait for their priority date to become current? For me it got so bad and time sensitive that my company applied for H1-B because apparently on that visa you can stay until your PD becomes current. I got picked in the lottery but now I am subject to an RFE, god it's exhausting. They're technically downgrading my visa from L1-A to H1-B to argue that I can stay whilst waiting for my PD to come up, as I am simply running out of time. How annoying as I already have an approved green card well the employment part, I just can't AOS and my status runs out in 5 months! Ugh.

Seems like I have the worst year ever to go from L1-A to a permanent resident. Just my luck.

Karlosthecackle

I think i might be in the same boat.

My i-140 was submitted in August 2018 and approved in November so I've been watching the visa bulletins every month. I'm in the fifth year of my L1A so can extend again if needed however my wife is on an L1B so can't extend any further.

In July the FAD was April 2018. I've just looked at the August Bulletin today and it now says 1st July 2016!?! How can it go back two years?

I really don't understand how this works....

Olly_

It's gone backwards because they have run out of visa numbers for this fiscal year and they need to stop any more from being issued.

The date should move forward in the October bulletin which is the first of the new fiscal year.

Karlosthecackle

Thanks. Do you think it's likely the date for filing will still move forward? I'm guessing if we can at least submit our AOS with a advanced parole/EAD request that should be enough to cover my wife's L1B expiring next year?

robtuck

They expect the dates to go back to Apr22 2018 when the new Fiscal Year starts on 1st October for EB1 category. There has been a big uptick in the number of applicants over the past couple of years, and the other categories that used to be under subscribed have also filled-up - in past years they could use some of that towards EB1. In this Fiscal Year it has never been Current and they rarely jumped forward more than a month. If that trend continues it may well be early 2020 before mine becomes available (Aug 2018). We just extended our L1A/L2's, so at least we are good for that.

NewStarter

My PD is October 2018 and I hit my 7 year maximum in Jan2020 so I am screwed I think.

NewStarter

But only to what is was recently.

Olly_

Ouch, not good.

Have you spent much time outside of the US in the past 7 years? You can recapture that which might buy you a couple of months.

Millski

Not necessarily, the filing date for EB1 ROW is currently sat at 01SEP18 which is agonisingly close to your PD; all you need is for that filing date to advance a couple of months and for USCIS to switch back to using the filing dates chart again and you're quids in. There's a chance this will happen shortly after the new fiscal year begins. As soon as you file to adjust status you can stay in the country until your case is adjudicated, which may be a while, but at least you won't have to worry about going out of status any more.

NewStarter

I was also picked in the lottery for H1-B lottery but got an RFE so if that gets approved I think I am good.

I you think USCIS is going to revert to FD's I think that is extremely hopefully. the updates have brought nothing but bad news for this entire fiscal year and they are clearly very backed up but thanks for trying to keep my spirits up!

NewStarter

Probably 90 days or so.