Chat with Charlie – September VB/Visa Wastage QnA – FY 2021

Chat with Charlie – October VB QnA – FY 2022 is here.

The US Department of State’s Charlie Oppenheim went live on YouTube to answer questions about the September Visa Bulletin & October 2021 Date Movements.

Here are the highlights of the Chat :-

There will be no movement in Final Action Dates for Employment Based India for a period of time during the early part of Fiscal year 2022. USCIS will allow filing dates for the month of October 2021 Visa Bulletin.
Filing dates for EB2 India and China may change based on information in the coming weeks. Everything else will remain the same as in the September Visa Bulletin.
Charlie made no mention of spillover, but he did make a passing reference to GC recapture, i.e. U.S. Rep. Grace Meng's legislation bill.

Q: Are you concerned with the anticipated large amount of unused FY2021 employment based numbers?
USCIS is on track to improve more adjustments of status application since FY 2005. They are trying to use all available numbers.

Q: What are the chances for EB2/EB3 India FAD to be retrogressed?
At this time no employment based are expected to be retogrssed in FY 2022.

Q: Why EB2 India Final Action Dates has not been advancing?
India EB2 is advancing based on weekly groupings and demand.

Q: FY2022 EB visa numbers are high as FY2021, will there be significant unused visa numbers in FY2022?
Hard to answer, All depends on covid related processing delays and available resources to process applications.

Q: How do you communicate USCIS the use of EB numbers and processing issues?
Monthly Meeting in both Family Based and Employment Based.

Q: FAD has not been any dramatic movement, do you expect any movements in the start FY 2022?
No changes in Employee based. September 2021 visa bulletin dates will hold even in October 2021.

Q: In Oct 2020 VB EB3 India DOF was Jan 2015 and moved back to Jan 2014. will Jan 2015 be expected in FY2022 Oct 2021 VB?
The dates retrogressed at the early FY2021 after USCIS realized more applicants in short time. DOF/FAD movements in EB3 India remains to be seen.

Q: Do you expect EB3 India to reach Feb 2016 in Oct 2021 VB?
Definite No.

Q: Where will the Employment Based India Filing dates in October 2021 VB?
May move EB2 India & China based on information in coming weeks. Everything else will hold same.
USCIS will allow filing dates for the month of October 2021.

Q: Will EB3 India DOF will reach to July 2015 in Oct/Nov 2021 VB?
No. Because of excessive amount of demand by immigration service.There should not be any expectation for EB3 India to move Jan 2015.The situation could change.

Despite the fact that there are more applications to process, USCIS has not increased its staffing.

Chat with Charlie – August VB/Visa Wastage QnA

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.


Following Charlie’s live YouTube chat, the US Department of State responded to a few Youtube comments.

Here are the comments:

User Comment: Do we expect that Oct 2021 will reach July 2014 specially when on Oct 2020 visa bulletin – it was published with application date Jan 2015?

U.S. Department of State: It is assumed that your question is in relation to the India EB-3 Final Action Date. At this time we would not expect the India EB-3 final action date to reach July 2014 before November at the very earliest. The potential movement of any of the Employment final action dates will be hard to predict until it is clear what the FY 2022 Employment-based annual limit is likely to be.

# User Comment: Will the State department be reading all these comments ? Or it is just for us to share our opinions?

U.S. Department of State: Hello, yes we are reading the comments! We will answer the most asked questions as much as possible.

# User Comment: Do you expect EB3 filing dates to advance in October based on spill over from family and other sources?

U.S. Department of State: It is likely that the EB-3 Application Filing Dates will be advanced no later than November. The amount of such movement will be dependent upon several factors, among them whether the proposed legislative action to “recapture” unused FY 2020 and/or 2021 numbers were to pass.

# User Comment: As more and more EB3 India to EB2 India downgrades are processed, is Charlie expecting retrogression in EB3-India dates?

U.S. Department of State: No. By monitoring number use patterns, and limiting the forward movement of the Final Action Date for a particular preference category we always attempt to avoid the need for such a retrogression. Should such actions not have the desired impact on number use versus the annual limit, any retrogression would typically be delayed as long as possible preferably for August and/or September. Whenever such corrective action to a Final Action Date is required the goal, and typical action, is to have a full recovery to the original date for October under the new fiscal year’s annual limit.Show less

# User Comment: When can we expect F4 India filing dates to move ? The difference between filing date and final action date is not 8months now so a rapid movement is expected?

U.S. Department of State: There is some chance that the India F4 Application Filing Date may be advanced in the coming months, with such action being dependent upon a review of the amount of pending demand versus issuance needs during FY 2022.

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