The Visa Bulletin

Hey John,

I have a question for you.

I have been wondering if my case has been move down to F2B. I turned 21 in 2007 and when i file my case, i was 19. One of my document has listed that I’m in the F2A priority date 15NOV2004. I also remember reading of bush signing a law about aging out.

Thanks

Hi. Just a thought for those in EB3 Phils and Other Countries…especially those whose priority dates are now current with the release of the March VB (and that includes me).

The last time the PD’s moved this fast was in May-July 2007, when the PDs moved from Aug 2002 to Aug. 2003 to June 2005 to Current to Unavailable, all in a span of four months. We all know about the confusion that followed that fiasco. I’m hoping that those guys in the State Dept. have learned their lesson, and that we aren’t facing a repeat of what happened last year. One never knows what the next Visa Bulletin will say, so let’s just keep our fingers crossed. John, woudl appreciate your thoughts on this… Thanks.

@Irene Mahusay: Anytime.

@Kiki: Hi. That’s the million dollar question. The best we can do is keep checking the next visa bulletin.

@Cacey: If your priority date is current, there is a chance your visa will be approved. There are too many factors making it difficult to know exactly how cases are prioritized. But those with earlier priority dates should have priority. If anyone else knows more about this, feel free to post in a new comment.

@Ron: Yes, processing times listed are receipt dates of applications. You’ve got it right.

@Gisele: Hi there. I wouldn’t wish some of those loopholes upon anyone. It’s no secret that the system is complicated and sometimes nonsensical, but it sounds to me like you should direct more anger at your company.

My company screwed up royaly and applied for me under the EB3 category when I have the experience to be under the EB2 category.

I don’t know what will happen to the EB3 dates. But I’m not optimistic. Any updates or even rumors will be posted here..

@Peter: Hi. I don’t think EB3 will go forward much further. But anything is possible. Congrats on your engagement!

@John Paul Kelley: I don’t know anything you don’t. I hope you get to see your family soon.

@SoloMon: Hi. I’m not very familiar with the aging out provisions. But maybe I’ll try to post some information about it in an upcoming post.

@David: Hi. I think you make a good point. The notes said they might need to slow down or stop the movement. And I think it’s very possible the dates could even go backwards.

HI ! I am an RN from the Philippines. Iwould like to know if it possible within this year I could have my consular interview? I am in EB3 category and my PD is August 2005. I really pray to God that everyone of us will finally make our dreams come true. Godbless us all and may God speed our deployments to the USA.

Thanks john, it will be very helpful for me.

Hi, John. This is Tania again. First and foremost, I would like to commend your website. Thank you for putting this up and for taking time to answer all our queries. In response to your Feb 15 answer, I understand your confusion about my situation. My case is complicated… my petition was filed Oct 2007 since it was during that time when I was already here in the US that I was offered future employment. I filed an extension of stay last Dec 2007 since I had to stay longer based on my daughter’s request since she attends school here. (She is a US citizen). I do however plan to go back to the Philippines by July (which is the timeframe I’ve requested for my extension) and wait it out there until my petition gets processed. My husband is based there as well. My question now is… based on the current events with processing and the retrogression status, when do you estimate movement with regards to my EB3 petition that was just filed Oct 2007? Around how long would my wait be in the Philippines? I still do not have a priority date listed on my receipt since it was just recently filed. And would it be possible for me to apply for a tourist visa again (despite the filed EB3 petition) since my multiple entry B1/B2 non-immigrant visa is expiring this July 2008 and I would definitely want to come back frequently to check on my daughter while she stays with my sister here in the US. I do have immigrant intent that is why I have agreed to the petition of my employer but I have behaved well in my past frequent visits here in the US and I still intend to keep my status clean since I wouldn’t want to jeopardize my petition. Do you think I would still be given a B1/B2 should I apply for one again? If the chances are slim, I would rather bring my daughter back to Manila with me this July and we’ll all wait it out there. But if the waiting time for my EB3 petition is not that long, I can probably make her stay here and not waste her opportunity to study here. It depends on the big scenario you would be able to give me, that is why I am asking you. Thank you for your time again. And more power to this website!

Hi John,

I would like to ask regarding Family Based Visa under 4th category. My Father’s petition date was Dec. 1986. I would like to ask when is the estimate date that it will we process? Thanks .

Hello john,

I am a nurse in the Philippines, my PD is 07/04 and I am under EB3 status, my question is how long do you think will it take for our papers to be processed?

I’m a guest here, John.

I’m a nurse in the Philippines with PD of July,2006 under EB3 with application at the NVC and paid for the immigrant visa processing fee just waiting for my application to be current. My question is about my SSN. I passed the CA NCLEX Oct. 2006 but permanent license cant’ be issued unless i have an SSN or else my NCLEX records or file will be destroyed if I can’t give them my SSN within three years. If my application does not become current in the next 18 mos. does that mean I have to repeat my NCLEX?
PLS look for an answer to this querry . THANK YOU SO MUCH.

Just would like to say thanks.

my priority date is 2,4,2002 and the current bulletin is 2,15,2008 and i dont why i havent got any appointment for an interview.

Hi John, I’m new here….
I don’t live in the US and I don’t have any legal status.
I’m waiting for Employment Base 3rd (Venezuela) with priority date December 2003. I will need to apply for consular processing. I have a Labor Certification aprooved and also I-140 approved (December 2007) and I received a letter from the National Visa Center (also on December 2007) collecting some fees to continue with my case.
Since I’m not living on the US I want to try to apply for an H1B with the same sponsor of my Employment Base 3rd.I almost came to a decision to do so, when this weekend realized my priority date became current.
Now I don’t know what to do, it’s kind of important that I move to the US this year because there’s an open position on the company that won’t be there for me for eternity.
I’ve already investigated and there´s no problem to apply for h1b, I mean it won’t interfere with my current Employment Base 3rd.
My concern is Employment Base 3rd retrogression again on the following months. And H1B can only be applying on April of each year. So if I don’t apply this year for H1B, and then retrogression again, I will have to wait until April 2009 to apply for H1B.
What would you advise? Will it be likely to have retrogression again this year?
Thank you.

Dear john ,
my brother sponsered me and my daughter im in the catagory for “FAMILY 4TH” . my priorty date is January 13, 1998, and i was wondering do u know how long it would be cause my daughter will be turning 21 in june this year. if not then she’ll be out . thank you

Hi John,
I am 25 yrs old and my mother filed petition (I130) for me and my priority date is Oct. 23, 1995. I was placed to perference 2B for Mexico because I turned 21 a few months before my appt. I have now been waiting for 12 yrs. This category is moving so slow. Do you know why is it taking so long to get visas for this category? Is there anything I can do to speed up the process?

i have a question about my case status.it was said that it was returned as undelivered on may 11,2002.pls help m on what to do!im under F2b category and priority date is on Jan 17 1998.

@Edz: I hope your dreams come true. But I don’t think EB3 Philippines category will move forward much further. I hope it moves past August 2005 though.

@SoloMon: My pleasure.

@Tania: Hi. Thanks for your comment. I would love to advise you on your situation or help in any way possible, but I can’t give you any specific advice. Truthfully I don’t know how long you will have to wait. Based on the current date and the fact that numbers are not expected to go forward very far (if at all) in your EB3 Philippines category, I don’t see your priority date of October 2007 becoming current with the bulletin for a long time. Hopefully you’ll come back often and update us on your situation. Best of luck!

@Jean: Hi. I’m not sure. The April visa bulletin will be out in a couple weeks and maybe it will give us some more information.

@Elaine: Hi. I’m not sure. Do you mean your priority date is July 2004 for EB3 Philippines? What other information can you provide?

@Babette: Welcome, Babette. This is actually not something I’m very familiar with. Can anyone answer Babette’s question about the NCLEX? I would guess there is an extension/renewal process but I’m not sure. If I come across that info, I’ll post it.

@John Kelley: You’re welcome.

@Murad Hussien: Follow up with whoever you need to follow up.

@Joseph: Hi. Thanks for your comment. The chances of your H-1B application (or the applications of anyone else) being accepted for processing this year are less than 50%. I expect just as many applications as last year, probably even more this time around. Last year there were about 130,000 applications filed for about 65,000 slots… on the first day (two days actually because of regulations). So everyone starts off with a 50/50 shot of being processed. It’s not something you can rely on.

Regarding retrogression in 2008… I’m not sure. The State Department didn’t hint at it. They only said in the notes of the March bulletin that dates might slow down or stop. But I think retrogression is possible again in 2008. Good luck.

@Louryn: Which country are you charged under?

@Aurora: Hi. I’m sorry your category has been moving so slow. I’m not sure why (probably demand peak) but let’s hope for more progress in the April visa bulletin. Good luck, Aurora.

@Zaina C. Manejo: That sounds terrible. You need to figure out what happened.

Hi John,

Im an RN from the phils. my case will be current this march. My priority date was July 2004. I’m done with my interview & medical exam last Nov. 28 2006 but unfortunately still affected by the retrogression. In fact my passport is still in the embassy since my interview last nov. 2006. Will i get my visa by march hopefully? What should i do to facilitate its release? Whats my chance of having that visa? Please advice john… Thanks in advance.

Hello John, I filed for 1-485 last August 2007, my priority date is Jan. 2006. What are the chances of me getting my green card this year? I’m from the Philippines, employment-based, third preference.Thanks for the wonderful service you provide, your website is really helpful.

Thank you for taking time to answer.
Regarding my EB3, how optimistic should I be?

(priority date December 2003. I will need to apply for consular processing. I have a Labor Certification aprooved and also I-140 approved (December 2007) and I received a letter from the National Visa Center (also on December 2007) collecting some fees to continue with my case)

Again thank you…

Hi John,

How are you?
I was wondering if you could help me with a query, I lived in the USA for 10 years illegally, and for that I am not allowed in US soil for another 10 years as of 2001, which is when i moved back to Brazil and we got started on the paperwork. (FEB252002 Priority Date)
I was recently hired by an American Cruise company and was denied a C1D visa because of that contingency. Is there anything I will need to do as far immigration because of the 10 years???
Such as a fine that I might need to pay???
I know my mom had to pay a fine when she became a resident, and we were wondering how that will be for me to get back in the USA.

Thank you for your time.
Tammy

ps*** same tammy waiting for the april bulletin with good news! =)

hi john , u asked me what country i was charged under . and im not charged on any i live in the United States and doing it here its the one coulmn that says “All charge abilitiy areas accepted those listed”….. this is the question i wrote you : My brother sponsered me and my daughter im in the catagory for “FAMILY 4TH” . my priorty date is January 13, 1998, and i was wondering do u know how long it would be cause my daughter will be turning 21 in june this year. if not then she’ll be out . thank you

Hi John

My grandfather is an American citizen.

On September 05th, 2000, my grandfather applied the IV petition with the U.S Immigration and Citizenship Services (USCIS) for my family.

The USCIS approved the IV petition.The main applicant is my father. I am the child who follow my father.

On Jun 2001, my family received one letter from the U.S Immigration and
Citixenship Services (USCIS). This letter informed my family as follow:

* The category: F3.
* The priority date: September 05, 2000.

My family have waited the immigrant visa since 2000. Now I am over 21
years old. My birthday is August 23, 1982.

I known the Child Status Protection Act of 2002. So I would lile to ask
the Information Unit as follow:

1. Do I qualify for benefits under the Child Status Protection Act 2002?
2. Can I have the immigrant visa at the same time with my family in the
future ?
Thanks

Ahother tought, if i apply for H1b, can it interefe in any way with my eb3?
Thank you for this wonderfull help you are providing…

another question, and i dont mean to abuse is a quick one, if my case is at the National Visa Center it meas it will be consular processed? Or all cases even Adjustment of status also go there to wait?
I want to make sure i apply for consular….
Thank you, sorry for shooting that many questions….

Hello John! First of all I want to thank you for your free job, helping people like us. I’m in EB3 worldwide; my priority date is September 2005, for consular processing. I understand they will move slowly or stop but do you think they will go back again, like last year in July? I keep fingers crossed and hope this year I will be back to US. Once again, THANKS a lot!!!! God bless you!

Hi John,

I applied for I-485 EB3 on June 25,2007 and my I-140 was approved on Aug.2007. My PD is Aug.18, 2003 and I’m from the Philippines. Based on the March 2008 visa bulletin, what’s my chance of getting approved? If I get the green card this year, can I get my eldest son who is 19 years to join me here before he turns 21?
Thank you!

thank you i am under eb3 category from phillipines ,

Hi John – I am on H-1B and my current petition is supposed to end July 2009, but that’s only my 5th year and the 6th year ends ~May 2010 according to the approval notice. At what point in 2009 should I apply for a 1 year extension to May 2010? I am now still waiting for my I-140 and I-485 to be approved ( I applied concurrently last year), and I am EB-3 from Indonesia, and my priority date is ~June 2006.

Thanks,

Ron

@Chas: Hi. I like your chances. But get in touch with the embassy. Let us know what happens.

@Mel: Hi. Sorry to say, I don’t think the cutoff date for EB3 Philippines will move forward past your priority date.

@Joseph S: You are in a good spot. Let us know what happens. Good luck.

@Tammy: Hi. There should be no fine. It sounds like your mom had to pay the “245(i)” penalty fee of $1,000. 245(i) refers to section 245(i) of the Immigration and Nationality Act where an applicant’s work/stay without authorization are excused if, among other things, they pay a fine. April bulletin will be out soon…

@Louryn: Hi. I don’t know how long. Best we can do is keep checking the new visa bulletin each month.

@Jessica: Hi. I’m not comfortable enough with the CSPA to give you any advice. Sorry.

@Joseph S (2/3): It is fine to do both. NVC=consular.

@Tim: Hi. I don’t think EB3 will go forward much more (if at all).

@Gigi Santiago: Hi. I think you have good chances based on your priority date, but anything is possible. I don’t know enough about family immigration to advise about your son. Good luck.

@Lilibeth: Follow up with the consulate. Let us know what happens.

@Ron: Hi. You can only apply for an H-1B six months in advance. The LCA (Labor Condition Application) filed with petition needs to have a start date no more than six months away.

So the best strategy is usually to file the H-1B extension within six months of status expiration, but as early as possible. So if we assume your H-1B status would expire May 2010, the H-1B extension could be filed December 2009.

hi john! I applied fr I824 for my husband and was approved last Dec 6, 2007. My priority date is April 29, 2004 EB3 category. What are the chances of my husband joining me here in US?Thanks

Thank you for your answers…when I dont have all the information I tend to get stresses and ask a lot. You been very helpfull
Sorry if I’m being redundant but I still not clear to me.
If the case is at the NVC I can be 100% that is set for consular processing?

Thanks John!

That’s what I was thinking…. I’ll have her look in her papers, but I do believe that was it.

On another note, do you think the fact that this American company wanting to hire me, could help me with my immigration?

My hiring is valid until the end of the year.

Tammy

Hi John,
what is your prediction for April ’08 Visa bulletin , EB3 , All ? I heard rumors that it will be current ( or close to current).

Hi john,

Im a nurse from the philippines under eb3. im worried about my husband because he is positive in hepatitis-b. is there a chance that he can go with us to america? im maybe out of topic but i hope you know about my case. thank you..

Thank you, John for being gracious.
My PD,July 2006, EB3, Papers at NVC and paid immigrant visa processing fee__ should I follow up my papers or is it the duty of the agency lawyer to follow it up. What do you think is my chance of having my immigrant visa this year?
Thank you again.

@Emem: Hi. I like your husband’s chances. But it’s possible visas will be used by others with earlier priority dates. The April bulletin will be out soon and that might give some indication.

@Joseph S: My pleasure. Yes, NVC is for consular processing. But why not get the last piece of paper you received and verify this? Your recoreds should indicate where your case currently stands.

@Tammy: My pleasure. The only waiver (that I’m aware of) to the 10-year bar you are facing is an extreme hardship waiver. An extreme hardship waiver requires a showing that a US citizen, who is your immediate family member, would face an extreme hardship if the visa applicant is not allowed in the country. It’s a very difficult burden.

@Jack Jacob: Hi. I’m not sure about the April bulletin. EB3 in the April bulletin will probably go forward a bit or just stay the same. I don’t think it will be current, or even close to current. What rumors are you talking about?

@Thalia: Hi. I don’t know how big a problem this will be. But I’ll try to post something on that in an upcoming post. It will help me learn about it, too.

@Babette: Your priority date of July 2006 is about 18 months outside the cutoff date for EB3 Philippines. I don’t think the dates will go forward very much in EB3, or for EB3 Philippines specifically. But I’ll post the April visa bulletin as soon as it’s out and maybe that will give us a better idea.

John, thank you so much for your reply! I noticed that in a span of one month from Feb. to March, the EB3 dates for Philippines jumped from 2002 to 2005 (correct me if I’m wrong). So I’m hoping the coming April visa bulletin would show substantial movement for EB3 Philippines. I know there are many of us who are keeping our fingers crossed.

@Mel: You are correct about EB3 dates jumping forward in the March bulletin. But I’m not as optimistic about the visa dates going forward.

You said:

I noticed that in a span of one month from Feb. to March, the EB3 dates for Philippines jumped from 2002 to 2005 (correct me if I’m wrong). So I’m hoping the coming April visa bulletin would show substantial movement for EB3 Philippines.

I think the exact opposite is true and there will be less movement for the EB3 category now because the dates jumped so far forward in the March bulletin.

From what I am hearing (through the American Immigration Lawyers Association and beyond) is that visa dates jumped forward in the March bulletin because the State Department wants to avoid the confusion that happened in last year – in July/August 2007, where all employment-based categories became current. They want to make sure all visa numbers are used before the very end of the fiscal year.

thanks a lot! I called NVC by the way and they asked me to send a photocopy of my I824 approval since they dont have it yet on file. However according to my approval notice they will inform the consulate (manila, philippines) about the approval directly. I am just confused if this is possible that my papers will be forwarded directly to the consulate and curious that till this time, the NVC has not received approval papers from USCIS. PLease advise me. Thanks again!

After the USCIS proved my I140 they sent me a paper saying they will send the case to the NVC. Then I received a letter from the NVC collecting 400$ in fees per person to continue.
So I’ sure the case is at NVC.
Now let’s hope there are enough numbers for me to get assigned this year.
Haven’t received packet # 3 yet, the automatic case status at the NVC contact phone system says they received my fees (last week) and on the next weeks I will receive something (I guess packet #3).
Will let you guys know what happens.
Thank you very much….

I remember when we were in the States one of the lawyers said we’d be able to show that. As I ended up going there when I was 13, I have no imediate family in Brazil, I am an only daughter/ child. All I’ve is my mom and her husband, and all she has is me. We’ve been apart for 7 years now…

So, would this extreme hardship be the one that needs to be done by the Attorney General? how is that done????

Also my mom would like to know if you are in NY, so she could arrange a consult?

You can send this info by email: [email-was-here]@hotmail.com

Thank you so much for all your help!

@Emem: I’m guessing they are just a little slow because the numbers jumped forward so far.

@Joseph S: Good luck! Do let us know what happens.

@Tammy: The application method for an extreme hardship waiver depends on the situation, but someone abroad usually applies at the appropriate consulate when applying for a visa (using Form I-601).

I am about 85 miles from New York City, but I don’t have any experience with a case like this. I might be able to help your mom find the right immigration lawyer in New York to set up a consultation.

[Ed. I've taken Tammy's email out of her public comment so she doesn't get spammed.]

Hi! I’m a 23 year old nurse from the Philippines. I passed the NCLEX-RN exam Nov 2006 and got my visascreen May 2007…Unfortunately, my EB-3 petition was just filed Oct. 2007. Still no approval til now. Just want to ask if how long it would take me to have my immigrant visa because I’m considering applying for H1-B visa instead. Thanks so much and God bless!

@Jmee: Hi. There are a lot of people in front of you. But there is no reason you can’t apply for an H-1B visa while you wait.

You said:

Just want to ask if how long it would take me to have my immigrant visa because I’m considering applying for H1-B visa instead.

It doesn’t have to be either I-140/I-485 or H-1B. It can be both, and it usually should be.

John, thank you for the info! It’s disheartening news if the April Visa Bulletin shows little or no movement. But hey, as long as it moves forward and not retrogress then I’m happy with that.

I also wanted to ask about the 180 days rule (for name check)…when do we start counting – receipt or notice date? Are there other conditions that should be met in order to be considered?

Thanks again John, we really appreciate your untiring efforts in answering our questions.

Hi John! I really hope that the visa bulletin will move forward until my priority date becomes current and everyone else who are next in line. Godbless you for your great help.

Hi, John. It’s Tania again. Hope everything is doing well. I would like to ask your honest opinion about changing my status (B1/B2 to F1). I have been thinking about it since I have been inactive for quite some time now while accompanying my daughter here in the U.S. (maybe a nurse refresher course). This would also be a good chance for our daughter to continue her studies here as well while I am also here studying. I plan to attend the Fall 2008 classes and the whole program would take about 2 years. I also have relatives (sister and aunt) who are U.S. citizens willing to sponsor me. Would that be workable since I have an I-140 petition filed last Oct 2007 and a pending I-539 application for extension ? Won’t those applications have an effect on the change of status to F1? I arrived July 2007 and requested for an extension last Dec 10, 2007, 45 days before my allowed stay expired (Jan 24, 2008). I have been waiting for USCIS decision and up to now, the processing dates still show July 2007. I am worried, am I out-of-status now even if I followed the extension-filing guidelines accordingly? Would appreciate your opinion on this and the idea of changing status to F1. Thank you again, John.

hi john,im a nurse from phil. my employer filed for my immigrant application. i got my receipt notice and it dated may 9, 2007 and it was filed in Nebraska ..im still waiting for my approval from them. how long does it take for them to process my papers in Nebraska? Thank you so much

@Mel: It’s my pleasure. You asked about the 180 day rule for FBI name checks… very good question.

I have been wanting to post that February 4th Memo updating USCIS policy on FBI name checks, but I’ve been waiting for the updated Questions and Answers to be released. USCIS finally posted them today.

See New FBI Name Check Policy for I-485 Applicants.

Feel free to drop your questions in the comments.

@Edz: I hope so, too.

@Tania: Hi. Thanks for writing. Your questions involve some complicated issues and are beyond the scope of this site. But I’ll remind you again that you are asking about applying for nonimmigrant visas (student/F and visitor/B2) when you have already filed an immigrant visa (I-140) in October 2007. There must be an immigration attorney, or at least a company, that helped you apply for the I-140 petition. Have you asked them what you should do? Let us know what they say.

@Che-Che: Hi. See these processing times.

1. Pick the Nebraska Service Center from the dropdown box
2. Scroll down to your application category
3. Let me know if you have any trouble