Montreal embassy EB-2 interview wait time

[ruban 2]

Just now, Jimmy The Tulip said:

What category are you in?

F2A.

My visa become available since May 2018. Case completed 27th December 2017

[Jimmy The Tulip 3]

1 minute ago, ruban said:

F2A.

My visa become available since May 2018. Case completed 27th December 2017

OK that makes sense, you've only really been waiting since May. They wouldnt have called you in before a visa was available for you. Hope you get interview soon!

[TexasForeverYall 4]

Hi Everyone!  I am looking forward to my interview one week from Monday... I was reading the latest Visa Bulletin for August saying that there were a high number of E category visa requests for August and it seems that they can place a cap on them??  Is that for Canadians too - I thought it was just for India and China, but it says ‘worldwide...’ Wondering if anyone has any insight on this, as I can’t imagine having to wait much longer once the interview is over with!!  My priority date is September 29th / 2017, https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2018/visa-bulletin-for-august-2018.html

[TexasForeverYall 4]

1 hour ago, TexasForeverYall said:

Hi Everyone!  I am looking forward to my interview one week from Monday... I was reading the latest Visa Bulletin for August saying that there were a high number of E category visa requests for August and it seems that they can place a cap on them??  Is that for Canadians too - I thought it was just for India and China, but it says ‘worldwide...’ Wondering if anyone has any insight on this, as I can’t imagine having to wait much longer once the interview is over with!!  My priority date is September 29th / 2017, https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2018/visa-bulletin-for-august-2018.html

Upon further inspection... it looks like they have no more EB-1 visas to give out this fiscal year... I am beyond devestated...

 

 

The September 2018 Visa Bulletin was released today. Most notably, EB2 and EB3 worldwide had final action dates imposed and EB2 China and EB2 and EB3 India retrogressed further. All of these dates are expected to return to current or to their August 2018 dates in October. However, contrary to previous visa bulletins, EB1 is now not expected to see much movement until December instead of returning to current in October.  

[Canadianeh! 14]

13 hours ago, TexasForeverYall said:

Upon further inspection... it looks like they have no more EB-1 visas to give out this fiscal year... I am beyond devestated...

 

 

The September 2018 Visa Bulletin was released today. Most notably, EB2 and EB3 worldwide had final action dates imposed and EB2 China and EB2 and EB3 India retrogressed further. All of these dates are expected to return to current or to their August 2018 dates in October. However, contrary to previous visa bulletins, EB1 is now not expected to see much movement until December instead of returning to current in October.  

Hi TexasForeverYall!

 

Thanks for the post.  I might be wrong but I’m fairly sure that this only applies to ppl applying for “adjustment of status.”  If you look at https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html

 

it says:

USCIS, in coordination with Department of State (DOS), is revising the procedures for determining visa availability for applicants waiting to file for employment-based or family-sponsored preference adjustment of status. The revised process will better align with procedures DOS uses for foreign nationals who seek to become U.S. permanent residents by applying for immigrant visas at U.S. consulates and embassies abroad.

 

Everyone on this thread (Canadians who have or are waiting for EB interviews at Montreal consult are in the “Consular Processing” pathway. We are the ppl that they refer to in that last sentence (ie. Consular processing). I don’t think you (or we) have anything to worry about!  Hope this helps!!!

 

Anyone else care to chime in?

Edited August 12, 2018 by Canadianeh!

[TexasForeverYall 4]

1 hour ago, Canadianeh! said:

Hi TexasForeverYall!

 

Thanks for the post.  I might be wrong but I’m fairly sure that this only applies to ppl applying for “adjustment of status.”  If you look at https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html

 

it says:

USCIS, in coordination with Department of State (DOS), is revising the procedures for determining visa availability for applicants waiting to file for employment-based or family-sponsored preference adjustment of status. The revised process will better align with procedures DOS uses for foreign nationals who seek to become U.S. permanent residents by applying for immigrant visas at U.S. consulates and embassies abroad.

 

Everyone on this thread (Canadians who have or are waiting for EB interviews at Montreal consult are in the “Consular Processing” pathway. We are the ppl that they refer to in that last sentence (ie. Consular processing). I don’t think you (or we) have anything to worry about!  Hope this helps!!!

 

Anyone else care to chime in?

Hi Everyone,

 

This is what I found so far... from what I can understand your priority date must be current during filing and final adjudication (which I believe is at the interview itself).  It looks like anyone who is EB2 - EB5 will be fine as long as they have their interviews in August, as a visa number would have been allocated to those cases, however as of September 1st EB-2/EB-3 visas are no longer current and those people will have to wait until the new fiscal year October 1st.

As an EB-1 it looks like I have the worst possible timing ever as the retrogression was applied in August for my visa.  Had I had my interview 21 days earlier I would have been okay...

So unbelievable sad about this!!!  

 

When does Visa Retrogression occur?

Retrogression occurs when the demand for a particular immigrant visa for a particular nation exceeds the availability of that particular visa. Retrogression often happens towards the end of the fiscal year (between July and September), as the annual limits are reached sooner than anticipated. When the new fiscal year starts on October 1 of each year, the cut-off dates tend to progress to the pre-retrogression dates as a new supply of visas is available for the year.

How does USCIS process Visa Retrogression cases?

Your priority date must be current both at the time you file your adjustment of status application and when your application is being adjudicated. If your priority date was current in one month, but not in a future month, and you failed to file your I-485 application when it was current, then you must wait to file until your priority date becomes current again.

If the cut-off date regresses after you have properly filed your application to adjust status with the USCIS, a USCIS field office will continue to process your case to determine your eligibility to receive a green card. While USCIS will continue to process your case, your case cannot be approved your priority date is current. In the meantime, the USCIS field office will conduct and complete any necessary interviews and requests for additional evidence; ensure all security and background checks have been completed; and confirm that the eligibility and documentary requirements have been met. If, after this process, it appears that you are eligible to receive a green card, then your case will be held in abeyance until your priority date is current and a visa number is available to you. During this period of abeyance, you may remain in the United States and seek certain benefits, such as an employment authorization document and advanced parole.

Keep in mind, although your case cannot be approved until your priority date again falls before the cut-off date, USCIS may still deny your case if it is determined that you are ineligible to adjust status for a reason unrelated to visa availability.

[Canadianeh! 14]

44 minutes ago, TexasForeverYall said:

Hi Everyone,

 

This is what I found so far... from what I can understand your priority date must be current during filing and final adjudication (which I believe is at the interview itself).  It looks like anyone who is EB2 - EB5 will be fine as long as they have their interviews in August, as a visa number would have been allocated to those cases, however as of September 1st EB-2/EB-3 visas are no longer current and those people will have to wait until the new fiscal year October 1st.

As an EB-1 it looks like I have the worst possible timing ever as the retrogression was applied in August for my visa.  Had I had my interview 21 days earlier I would have been okay...

So unbelievable sad about this!!!  

 

When does Visa Retrogression occur?

Retrogression occurs when the demand for a particular immigrant visa for a particular nation exceeds the availability of that particular visa. Retrogression often happens towards the end of the fiscal year (between July and September), as the annual limits are reached sooner than anticipated. When the new fiscal year starts on October 1 of each year, the cut-off dates tend to progress to the pre-retrogression dates as a new supply of visas is available for the year.

How does USCIS process Visa Retrogression cases?

Your priority date must be current both at the time you file your adjustment of status application and when your application is being adjudicated. If your priority date was current in one month, but not in a future month, and you failed to file your I-485 application when it was current, then you must wait to file until your priority date becomes current again.

If the cut-off date regresses after you have properly filed your application to adjust status with the USCIS, a USCIS field office will continue to process your case to determine your eligibility to receive a green card. While USCIS will continue to process your case, your case cannot be approved your priority date is current. In the meantime, the USCIS field office will conduct and complete any necessary interviews and requests for additional evidence; ensure all security and background checks have been completed; and confirm that the eligibility and documentary requirements have been met. If, after this process, it appears that you are eligible to receive a green card, then your case will be held in abeyance until your priority date is current and a visa number is available to you. During this period of abeyance, you may remain in the United States and seek certain benefits, such as an employment authorization document and advanced parole.

Keep in mind, although your case cannot be approved until your priority date again falls before the cut-off date, USCIS may still deny your case if it is determined that you are ineligible to adjust status for a reason unrelated to visa availability.

Hi TexasForeverYall,

 

Again though, they are clearly referring to ppl who will be or have filed for “Adjustment of Status.”  They mention the term several times in that excerpt (and the the previous link posted).  In addition, they mention the I-485 (which is the form used for AOS), they talk about USCIS conducting interviews (AOS), and they discuss “remaining” in US.

 

People who have applied for “Consular Processing” (like us) are currently living and/or working in countries other than the US and are applying for permanent resident from these other countries.  We need to be interviewed at the Montreal consulate because we are not currently residing in the US. AOS ppl are currently living/working in US under some other sort of visa and are trying to “adjust their status” to permanent residency.

 

Consular Processing does not require filling a I-485.  We had to get approval from the NVC and needed to fill a DS-260.  We will not remain in the Us because we aren’t currently in US.  Also, we have already been approved by USCIS - it is the consulates themselves who interview us.  They will decide to approve us or put us under Admin Processing after the interview.  

 

I hope this helps.  Let us know if you find out any additional info after speaking to your lawyer and/or the NVC/USCIS tomorrow.  Thanks!

[TexasForeverYall 4]

20 hours ago, Canadianeh! said:

Hi TexasForeverYall,

 

Again though, they are clearly referring to ppl who will be or have filed for “Adjustment of Status.”  They mention the term several times in that excerpt (and the the previous link posted).  In addition, they mention the I-485 (which is the form used for AOS), they talk about USCIS conducting interviews (AOS), and they discuss “remaining” in US.

 

People who have applied for “Consular Processing” (like us) are currently living and/or working in countries other than the US and are applying for permanent resident from these other countries.  We need to be interviewed at the Montreal consulate because we are not currently residing in the US. AOS ppl are currently living/working in US under some other sort of visa and are trying to “adjust their status” to permanent residency.

 

Consular Processing does not require filling a I-485.  We had to get approval from the NVC and needed to fill a DS-260.  We will not remain in the Us because we aren’t currently in US.  Also, we have already been approved by USCIS - it is the consulates themselves who interview us.  They will decide to approve us or put us under Admin Processing after the interview.  

 

I hope this helps.  Let us know if you find out any additional info after speaking to your lawyer and/or the NVC/USCIS tomorrow.  Thanks!

Hi  Canadianeh!  I REALLY HOPE YOU ARE RIGHT!  However I also found this...

 

9. At what point do I need to be concerned that my priority date has retrogressed or is not current?

Please note that in addition to having a priority date that is current, you must also be otherwise ready to proceed to a step in the process that requires the priority date to be current. This ONLY occurs in the final stages of the green card process (i.e., the fact that priority dates are not current will not keep your employer from filing a labor certification or immigrant visa petition on your behalf).

 

However, if your priority date is not current, you cannot proceed with filing an I-485 application for adjustment of status or applying at a U.S. Embassy/Consulate for an immigrant visa based on an approved immigrant visa petition.***

 

I believe that is us!  I am speaking with my immigration consultant in a few hours... I will let you all know what he says...

[bkbk8 5]

18 minutes ago, TexasForeverYall said:

Hi  Canadianeh!  I REALLY HOPE YOU ARE RIGHT!  However I also found this...

 

9. At what point do I need to be concerned that my priority date has retrogressed or is not current?

Please note that in addition to having a priority date that is current, you must also be otherwise ready to proceed to a step in the process that requires the priority date to be current. This ONLY occurs in the final stages of the green card process (i.e., the fact that priority dates are not current will not keep your employer from filing a labor certification or immigrant visa petition on your behalf).

 

However, if your priority date is not current, you cannot proceed with filing an I-485 application for adjustment of status or applying at a U.S. Embassy/Consulate for an immigrant visa based on an approved immigrant visa petition.***

 

I believe that is us!  I am speaking with my immigration consultant in a few hours... I will let you all know what he says...

Hi there,

 

Given my personal experience, I can clearly understand what @Canadianeh! is explaining, although I am confused, the reason being is that the # of GCs available per fiscal year applies to both AOS folks and CP; I am really curious to what your lawyer will say. I hope it only applies to AOS folks and not us (I used to work in the U.S., left to activate my current PR card, now been in Canada over 4 months jobless waiting for my interview :(

 

Also, almost every year in Aug - Sept, the priority dates for EB2 mainly gets retrogressed regardless of country of origin (you can refer https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin.html years 2017, 2016 and so on) and then it returns to Current the following month or so.

 

Please keep us posted!

[TexasForeverYall 4]

Hi Everyone,

 

Bad news here (at least for me).  

While my immigration consultant told me "you'll be fine since your interview is already scheduled - the retrogression only applies to Adjustment of Status people..."

I paid for a second opinion with a law firm in California that specializes in the E categories.  That lawyer said that she spoke to the other lawyers at the firm and there was a general consensus that if your priority date is not current at the time of the interview, you will not receive a visa (as there is none left to give).  It doesn't matter if you are consular processing or not, the Visa Bulletin dates affect everyone.

So I will still go to my interview next week but my case will likely be transferred back to the Texas Service Center to wait until my priority date becomes current again.  Hoping for October 1st but they are saying that it is hard to predict.

 

Has anyone else's lawyer got back to them regrading this?  Since most of you have interviews in August for EB-2 I imagine you'll be fine, but since I am EB-1 I will probably have to wait.  I believe the retrogression hits EB-2s and EB-3s in September.

 

To think that if my interview would have been 3 weeks earlier I would have been fine!! I am so devastated but going to see what they say Monday.  Putting my trust in the Lord that I get a miracle and there will be a visa for me.

[PhilCanUSRN 3]

5 hours ago, TexasForeverYall said:

Hi Everyone,

 

Bad news here (at least for me).  

While my immigration consultant told me "you'll be fine since your interview is already scheduled - the retrogression only applies to Adjustment of Status people..."

I paid for a second opinion with a law firm in California that specializes in the E categories.  That lawyer said that she spoke to the other lawyers at the firm and there was a general consensus that if your priority date is not current at the time of the interview, you will not receive a visa (as there is none left to give).  It doesn't matter if you are consular processing or not, the Visa Bulletin dates affect everyone.

So I will still go to my interview next week but my case will likely be transferred back to the Texas Service Center to wait until my priority date becomes current again.  Hoping for October 1st but they are saying that it is hard to predict.

 

Has anyone else's lawyer got back to them regrading this?  Since most of you have interviews in August for EB-2 I imagine you'll be fine, but since I am EB-1 I will probably have to wait.  I believe the retrogression hits EB-2s and EB-3s in September.

 

To think that if my interview would have been 3 weeks earlier I would have been fine!! I am so devastated but going to see what they say Monday.  Putting my trust in the Lord that I get a miracle and there will be a visa for me.

As long as your interview date is August you’re still fine.. the retrogression happened in September visa bulletin will only take effect starting September 1st..

[PhilCanUSRN 3]

5 hours ago, TexasForeverYall said:

Hi Everyone,

 

Bad news here (at least for me).  

While my immigration consultant told me "you'll be fine since your interview is already scheduled - the retrogression only applies to Adjustment of Status people..."

I paid for a second opinion with a law firm in California that specializes in the E categories.  That lawyer said that she spoke to the other lawyers at the firm and there was a general consensus that if your priority date is not current at the time of the interview, you will not receive a visa (as there is none left to give).  It doesn't matter if you are consular processing or not, the Visa Bulletin dates affect everyone.

So I will still go to my interview next week but my case will likely be transferred back to the Texas Service Center to wait until my priority date becomes current again.  Hoping for October 1st but they are saying that it is hard to predict.

 

Has anyone else's lawyer got back to them regrading this?  Since most of you have interviews in August for EB-2 I imagine you'll be fine, but since I am EB-1 I will probably have to wait.  I believe the retrogression hits EB-2s and EB-3s in September.

 

To think that if my interview would have been 3 weeks earlier I would have been fine!! I am so devastated but going to see what they say Monday.  Putting my trust in the Lord that I get a miracle and there will be a visa for me.

But don’t worry it will be current again in October..

[TexasForeverYall 4]

2 minutes ago, PhilCanUSRN said:

As long as your interview date is August you’re still fine.. the retrogression happened in September visa bulletin will only take effect starting September 1st..

Yes, but I am EB-1, so retrogression is effective in August for me. 😕🙏

[PhilCanUSRN 3]

1 hour ago, TexasForeverYall said:

Yes, but I am EB-1, so retrogression is effective in August for me. 😕🙏

Oh I see.. as far as I know if you’ve been given an interview date you are good because it means there’s allotted visa for you..

 

[TexasForeverYall 4]

20 hours ago, PhilCanUSRN said:

Oh I see.. as far as I know if you’ve been given an interview date you are good because it means there’s allotted visa for you..

 

i hope you are right!  I will let you all know Monday!