On 12/17/2018 at 11:31 AM, dskar said:

I suggest you send your passport via non-Canada Post, quickest and trackable means possible. Mention in big bold letters (on the envelope as well as inside the package) TIME SENSITIVE - MEDICAL EXPIRING ON JAN 30. Also send a follow-up mail and bring the Jan 30 deadline to their attention. I'm sure they will be able to expedite your visa issuance because consulate is usually good with attending to matters they are urgent in nature.

Yes, I finally heard back from them on December 31st, 2018 - they requested a new police background check (old one had expired) and noted that my medical was expiring soon too, so to get these documents to them ASAP.  Of course I got it done that afternoon, and I just received the police check back this morning.  I used the Canada Post Courier service to return my documents (they gave me a number and a barcode and it was free 1-2 business days).  It should arrive there on Monday or Tuesday.  I wrote URGENT and TIME SENSITIVE on the envelope and also enclosed a letter explaining about the medical expiring soon.  Here's hoping they turn it around in time, but of course it depends on how quickly they are opening mail as well!  I will keep you all posted!

3 minutes ago, dskar said:

I don't think that 8 weeks delay is because of Canada Post strike. It likely has something to do with the backlog in their mail room. Regardless, consider sending your passport through another means (e.g FedEx) and prep for another medical, just in case.

Yes I will be sending my passports in via the quickest possible delivery method,  Unfortunately, I reached out to the doctor that did my medical already - I said I would happily pay for a another one and he REFUSED to do it until the Consulate requested it.  Incredibly frustrating as this has the potential to set my move date back by 2-3 months.

Hi All,

Please note that I am *EB1 not EB2* so a bit different than you all.  I had my interview back in August... unfortunately they scheduled it in July when  the category was current, and then retrogression hit for August.  So at my interview they told me my case was "approvable" but I had to keep checking the Visa Bulletin to see when my category would be current again before they could issue a visa to me.

After many months, I am FINALLY current for January 2019!

As instructed, I reached out to the Consulate to find out how to send my passport to them.  I got an auto response saying that it is taking EIGHT WEEKS to open and receive mail!!  I am assuming the delay is from the Canada Post strike?  This is a huge problem, as my medical exam result will expire January 30th. 

Are there any others that have run into this issue?  Should I just send them my passport or do I have to wait for instructions?  I fear if I wait there won't be enough time to process the visa before the medical exam expires...

On 8/21/2018 at 10:35 AM, FERBOS said:

@TexasForeverYall

I am glad it went well and it was approved. Now it is just a matter of time until the priority date is current and you will get your visa.

I have emailed my lawyer to make sure that we are going to be issued a visa, my interview is August 31st so I want to make sure the consulate follows the August Bulletin, not the September one.

I guess we have to wait until #Canadianeh! posts his experience - I think his interview is being hold today.

Fingers crossed

Keep us posted!  I bet you will make it in under the August bulletin!

On 8/21/2018 at 9:25 AM, bkbk8 said:

Congratulations!!! So happy to hear that it went smooth for you!

 

Did you meet other EB2 folks there? Can you share the questions they asked you or any docs they requested?

They didn't ask any other questions other than just talking about the nature of my job and some of the projects I have worked on.  Oh and how long was my longest time in the USA on a previous visa.  No additional documents other than what was listed.  The officer was familiar with some of my work (I am EB-1).

On 8/21/2018 at 9:50 AM, mo85 said:

I'm happy to hear that your interview went well! Not sure if you are aware but I've read (at several immigration firm websites and blogs) that priority dates for most cases will become current again starting October 1, when the next USCIS fiscal year begins. Keeping you and others in my prayers as we wait. 

I am sure hoping that is the case!  And thank you for your prayers!

Hi Everyone,

I had my interview yesterday.  Everyone at the US Consulate was super nice.  Interview was so short and I was approved verbally but unfortunately due to the retrogression I did not get my visa yet.  They gave me my passport back and said I have to watch for the visa bulletin and as soon as my priority date becomes current, to send the passport back and they will process it and courier the visa out to me.

God bless you all and best of luck with your interviews!!!!!!

13 minutes ago, Canadianeh! said:

Thanks TexasForeverYall!

 

i also read on his site that some EBs were asked for University transcripts.  If you don’t have in time, bring your wall degrees.  Does anyone else have any other tips?

 

Just to be on safe side, I am going to bring my actual employment contract, state license (for my field of work), paperwork from when I was on a temporary US work visa a few years ago.

Hi Canadianeh!  Yes, I am bringing all of my degrees/certificates/awards, etc. plus my old work contracts/paperwork from a temporary visa in the USA.  I also reached out to get updated letters of intent for the projects I have coming up.

I was advised to bring the last couple months of bank statements, as well as last years tax return... again they usually never ask for this stuff for my category, but we have waited so long that I figure it is better to bring everything to be safe!

Best of luck to you all and I am praying they have a visa for me amidst all of the retrogression!

I guess one of the EB-2s was asked for an updated resume at their interview last week (even though it had already been sent digitally), so make sure to bring one to your interviews!  I am printing out everything and bringing my entire package just in case and bringing it along!!  Really grateful for this site to be able to know what to expect, with so many things constantly changing... 

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!

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. 😕🙏

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.

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...

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.

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...

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

On 7/3/2018 at 5:48 PM, Canadianeh! said:

Hi TexasForeverYall

 

Ferbos is correct about what he said re: case being at NVC.  I’m not exactly sure the algorithm that the NVC uses to schedule cases.  I also don’t know if the 5 different EB classes are prioritized differently at this stage.  I do know that the first 3 EB categories (1,2 and 3) each receive 28.6% of the worldwide limit.   EB4 and EB5 each get 7.1%.   It is advantageous to be EB-1 because you are also entitled to any unused visa in 4th and 5th categories.  EB2s then get any unused visas from first categories, and EB3s from 1st and 2nd.  Worldwide, 140,000 EB visas are given out which includes spouses and minor children.  This number is for people like us who go through consular processing and ppl who take the adjustment of status route (wayyyy more of them - see bar graph in link bag SciFamily sent and in prev. comment that I posted.    

 

Each country can only have a max of 7% of the worldwide limit.  There is a pie graph on the site SciFamily sent which shows that China and India (plus others) are by far the biggest users of these.  Canada is in the “other” category at less than 2%.

 

Since family-based categories have no annual limit, as many of these can be given out as there are ppl.  The bottleneck for them seems to be the number of interview slots available each month at the different embassies.  

 

I just don’t know the system that the NVC uses when deciding how to allocate interviews to people.  Clearly, visa category does matter.

 

Have a look at the filtered dwheels excel sheet that I posted yesterday.  Since 2014, only 11 people have indicated they were from Canada and in EB categories.  You can see  that our wait times have been very atypical.  Several of these people were assigned interviews in a few weeks.  Before us, SSeb has the longest wait time in the bunch which was 72 days.  I’m not sure why there is such an enormous backlog now  

Hi Canadianeh!  

This information was so appreciated!  I finally got my interview date scheduled for August 9th!  Hurray!!!  Hope everyone else keeps me posted on their progress!!!

On 7/3/2018 at 8:04 PM, ruban said:

Hi Canadianeh

Congratulations

Do you mind sharing that how long it took to get you expedite request accepted and interview being scheduled after acceptance?

What is your CC date ?

8 minutes ago, HEL-Canada said:

Good news - I just got an email from NVC with my interview date, which is August 21st.  Hopefully everyone else gets their dates soon.

Hi HEL-Canada,

I just got my interview date as well - August 20th!!  So happy!!!   

2 minutes ago, FERBOS said:

Hi... I think the consulate does not receive your case until the interview is booked. Once the interview is booked by  the  nvc, then they will mail all your paperwork to the consulate. That's why they don't have your case  yet. 

Hi FERBOS,

Okay thank you for your response. I got a little nervous when I received that email from them.  I’m checking in with my immigration consultant about whether I can request to expedite my case too.

1 hour ago, Canadianeh! said:

It must have been the additional request then.  Best of luck.  I’m rooting for you guys and I really hope that you both get dates assigned soon.

Thank you to both of you.  And Canadianeh!,  congratulations again on getting your interview date!! I bet you will feel extra patriotic tomorrow!!!

1 hour ago, Canadianeh! said:

Hi TexasForverYall,

 

Have you tried calling them today?  Since they are a part of the federal government, emails are screened more closely before sending out and it can take 2-3 days before you receive an actual email.  My interview date is Aug. 21, 2018.  Best of luck!

Hi Canadianeh!  Okay thank you for that information... I am EB-1, so not sure if they prioritize EB-2s ahead of us?  I had emailed the Montreal Embassy ten days ago and just received this response:

“According to our records we do not have a pending visa case for you at the U.S. Consulate General in Montreal. Your case might still be at the National Visa Center (NVC). The NVC does all the pre-processing for all the Consulates worldwide and schedules the immigrant visa appointments on our behalf for all the cases that are documentarily qualified.”

I am confused... do the cases stay at the NVC until we get a date booked??  I will call the Embassy this Friday, but until then if anyone has any more insight please let me know! 

9 minutes ago, Canadianeh! said:

Hi everyone, I just wanted to share the great news that my Immigrant Visa appointment has been scheduled.  My total wait time from cc to assignment of interview date was 109 days.  Has anyone else heard yet?  I put in an additional request to have the case expedited so I’m not sure if that is what pushed it through or if this was simply it’s natural course.  I hope you all get similar news soon.  Keep the faith!

So happy for you!!  What date your interview is?  My CC date was March 9th and no news yet for me...

18 hours ago, HEL-Canada said:

Hi everyone.  Looks like I'm late to this party, but wanted to throw myself into the mix anyway.  I'm EB-2 and received my NVC letter on March 9th.  I'm still waiting on an interview in Montreal (112 days and counting).  Fingers crossed for August...

Hi HEL-Canada,

I also got my NVC letter March 9th, EB-1.  I was really hoping to hear this past week... I’m crossing my fingers for August too!!  Please let me know when you hear from them... 

1 hour ago, FERBOS said:

I just called the NCV and they are done booking for July. So, another month until they start again, for August. Looks like bad news for us, again.

Fingers crossed that maybe we will get the next round.

 

Thank you for the update!!  I’m 103 days today (I got my NVC letter March 9th and my priority date is September 29th).  Does anyone know the priority dates for people that have already gotten an interview scheduled?  And do they always call people at the start of the month?  Is it possible to request your case be expedited if it is outside of normal processing times?

Hi friends,

Today is day 99 since I was notified by the NVC that they received all of the necessary documents... hopefully we all hear soon!!  Please keep me posted if you get an interview so I can get a ballpark estimate for myself... definitely hard to plan ahead at the moment, but I’m staying positive!!!

(I am EB1)