Chat with Charlie – August VB/Visa Wastage QnA

The US Department of State’s Charlie Oppenheim went live on YouTube to answer questions about the August Visa Bulletin.

Here are the highlights of the Chat :-

Q: Do you expect the India EB3 final action date to reach January 1st 2014 application filing date which had been announced earlier this year?

Yes, the India third preference final action date for September will be announced at January 1, 2014.

Q: Do you have any information regarding the amount of unused fiscal year 2021 family and employment numbers?

For family numbers, there’ll be approximately 150,000 unused & Employment Category there could be approximately 100,000 unused.

Q: You mentioned, almost all application filing dates of October 2020 bulletin had been reached by the final action dates in 202, that is not true for family sponsored categories. Can you explain?

I was responding to a question about the employment-based preference categories. Except for the India EB-3 application filing date which was subsequently retrogressed(from Jan 2015 to Jan 2014) all of the employment final filing dates have been reached or exceeded. Final action date for the india employment third preference category will be reached in September 2021 bulletin.

Q: The appropriation committee’s fiscal year 2022 homeland security funding bill contains an amendment to recapture unused fiscal year 2020 and 2021 visa numbers what would be the impact of such a proposal?

I’m not at liberty to discuss the impact of any proposed legislative action in part. Even if it were passed ultimately passed proposed language is often changed before the final bills are enacted.

Q: Employment-based final action dates have been advancing at a rapid pace this year and i’m wondering if we can expect the dates to become current as happened in july 2007?

The answer is a definite no. Based on the current potential level of applicant demand which could utilize numbers under both the family and employment annual limits.

Q: what are the chances of eb3 india filing date getting to august 2017 next fiscal year?

There is no reason to expect that the india third preference final action date would reach of 2017 in the foreseeable future.

Q: In the july visa bulletin there is an approximately seven month difference between filing dates for the indian nationals and for the final action dates, how does the state of state department anticipate the processing of the remaining cases when current uscis processing times for i-485s is between 13 to 50 months?

People would need to contact USCIS to find out about their processing times as i stated earlier we look at the application filing date movement in terms of how much demand we believe needs to be generated in order to meet future number use demands.

Again the amount of applicants in the India employment categories is significant in the weekly groupings.

Q: Is spillover visas allocated only in the last month of the fiscal year?

No. Based on my discussions with USCIS officials i was able to determine that the amount of worldwide demand in the employment first preference category was going to be insufficient to fully utilize all the fiscal 2021 numbers. so very early in the year i started allowing those number otherwise unused numbers to be utilized in the china & india employment first preference categories and down to employment second preference categories.

Q: One of the questions we are often asked is about dates retrogressing?

Typically, more likely retrogressions occurring are typically in august and or September.

Q: Can you provide any insight for dates movement for employment based for fiscal year 2022?

I do not expect drastic movements in any of the employment final action dates in at least in the first quarter. In my anticipation that there will be a significant amount of unused numbers from this year which means that applicants who are inactive stages of processing with USCUS, their cases are hopefully would be finalized early in fiscal 2022.

Q: Do you expect eb3 final or filing date to reach January 1st 2016 in October 2021?

I would not expect reaching 2016 India EB2 definitely or EB3 likely in fiscal 2022.

Q: What will be the dates of filing for eb2 and eb3 in india in October 2021?

Typically the immigration service will allow the application filing dates to be used for it during October and and next two or three months.

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