Furthermore, the Visa Office tends to aggregate the high-level Categories numbers for reporting and prediction, including EB-1, F1, and F2A. As mentioned above, labor certification filings are based on a specific job offer. Now that you have some background on why two dates, next we need to understand how the Green Cards numbers are reported, collated and further predicted. Visa Retrogression, or Why Your Priority Date Is No Longer Current Now you need to set up your repayment method. All Rights Reserved. So, Is my filing date Oct 2020 ?? Most people that petition for a green card have a priority date. Your name check needs be cleared by the time they take your I-485 file. USCIS in preparation for next fiscal year (starts from October 1st) will forecast how many applications they would need to meet the Green Card numerical limits by end of the fiscal year (September of next year). But for your easy understanding, we have tried to simplify it as below. You are using an out of date browser. Visa Bulletin: Final Action Date, Cut Off and Predictions | Immigration Questions such as this, about delaying the I-485 filing, are addressed here for the benefit of MurthyDotCom and MurthyBulletin readers. or i can file anytime after I come over to USA ? what happens when final action date is current? Depending upon the movement of the cutoff dates, and any other delays or problems that arise in the I-485 case, this means that it may be necessary to file the H1B extension again in just one year. Najwitszej Maryi Panny Krlowej Polski > Bez kategorii > what happens when final action date is current? When applicants in the U.S. get a current priority date, the USCIS allows them to apply for an adjustment of status for a Green Card. Filing Date vs Final Action Dates: Visa Bulletin? Guide - RedBus2US But what is the difference between them? I-485 Issues Common to All Services Centers, Visa Bulletin and Priority Dates Retrogression Iss. Visa Availability and Priority Dates | USCIS Meanwhile, Final Action Dates show when there are actual available green card numbers for a certain category and country. Once NVC receives all the documents in step 9 and they will mark them as Documentarily Complete. Just handed me a white paper which had a few options and the option which said 'we are unable to make a decision now was checked'. This is not always the case, however when one is not yet married and wants to include the future spouse, for example. There are, however, overall risks in waiting for greatly extended periods of time, as explained below. Not yet. I have filed under niw eb2. Not only that, but they also receive the pending adjustment of status application number from the USCIS. It may be helpful to document the steps the new employer has taken to file a labor certification on behalf of the employee. Also, the NVC will tell applicants that their application is Documentarily complete. So, you will have to wait until the final action date matches or passes your priority date before you can . Final action dates define when the actual green card numbers are actually available for a country & category, Date for filing are used primarily to prepare ahead by NVC or by USCIS to make sure there are enough applications in the queue for a fiscal year. Could be a few days to several months. When your final action date becomes current, you would see "Current" or "C" in the Visa Bulletin. Question: For those cases transferred to NBC, if the priority date is current under the "Final Action Date," please advise how an applicant could follow up with the USCIS. Final Action Dates and Dates for Filing are two different things, but what exactly are the differences between them? Therefore, while family- and employment-based green cards are often not immediately available, green cards for immediate relatives do not require you to wait for your priority date to be current. Speak with your immigration attorney to learn more. Thanks. How many weeks are they expecting to provide a decision after the date becomes current per Visa bulletin for a category. Adjustment of status is only available to those that are already in the U.S. under a nonimmigrant visa status (such as an H-1B, L-1, or K-1 visa). USCIS usually has a large pool of Green Card applicants that are pending with them and waiting for priority date to be current for issuance of green card. -Current version of program (AFCP 2.0) available since 2013, now extended through September 30, 2016. The length of time could be significant. How long does it take for card approval after PD becomes current (EB1C Basically, October is when the fiscal year starts, and that is also when the number of total annual available Green Card numbers are divided by the Visa Office into monthly allotments. With the layoffs at NBC I dont see it happening anytime soon. Its all about the priority date. We have to wait and watch. If you are filing for adjustment from within the U.S., then you should immediately contact an attorney to prepare your Form I-485 and corresponding evidence. There is also a risk of retrogression. Keep this data handy in case you need to compare it to the dates in this bulletin. that are used for detailed allocation. Thanks. More information on this topic can be found on MurthyDotCom in our NewsBrief, I-485 Approvals Possible: Impact on Spouses / Children without Filed I-485s (22.Apr.2011). The Visa Bulletin: Final Action Dates vs. Dates for Filing This may prevent the applicant from filing the I-485 when the priority date becomes current. How Do I Know If USCIS Received My Application? When your final action date becomes current, you would see Current or C in the Visa Bulletin. Lets take a look at the example again: Martha applied for an EB-3 as a software developer. What happens when your priority date for green card processing - Quora NVC does not process I-485s. NVC will also notify the applicants that their application is Documentarily complete. "Final Action Dates" shows the dates when a number of immigrant visas will be available for foreign nationals who have a current priority date during that month. For one, it is not porting in the sense that all of your forms and information will simply be transferred to another green card preference level. Ruchi, If he has to apply now, the only option is to go with A as there is no perm with C. Thanks Kumar for the response. So , in order to best utilize this opportunity to get his greencard and EAD, what would be suggested course of action for him? Stronger applications get better loan offers. If she then petitions for an EB-2 green card in January 2019 and is approved, then her priority date will be retained at March 2016 rather than resetting to January 2019. USCIS informs public at www.uscis.gov/visabulletininfo on what dates to use for submitting adjustment of status applications. I guess you've got no I-485 RFE ? What happens to I-485 AoS if "date for filing" is current but "final It will all be based on the: The priority dates will keep changing depending on how the numbers of the three counts listed above vary. Hi. However, covid has brought special circumstances and filling and final action dates are moving fast for India.If one changes job , new company would start perm and it takes 1.3-1.5 years on an average to get perm approved from join date. One of my friend is on H1b Visa and have I-140 approved from previous employer A under Eb2 category. If its 1 > year and if new perm is yet to start , it is upto USCIS agent to either keep your file on hold till new perm is approved or close it resulting in loosing spot if they assume that its been over a year and u havent filed 485 which means you are potentially not intersected in pursuing PR. The National Visa Center (NVC) uses these dates to let green card applicants know that they can finally start getting qualified documentarily. Indian EB-5 Final Action Date Current in July 2020 Visa Bulletin When assessing this risk, it is necessary to consider the reason for the cutoff date advancement. After which, your passport will be taken and then mailed back to you with a green card inside. Seek new employment if you have remaining H-1B time and file new PERM and I-140. If you are considering applying for a personal loan, just follow these 3 simple steps. [There is an exception to this under the American Competitiveness in the Twenty First Century Act (AC21). The process of prediction is pretty complicated. The priority date represents the foreign nationals place in line for a green card. Filing Date vs Final Action Dates: Visa Bulletin? How to Check US Visa Status Online? USCIS uses final action dates as the default priority dates asking green card applicants to apply for Adjustment of status. Conduct the adjustment of status interview; 2. Depending on the month of the year and movement of priority dates, USCIS suggests which charts to use for filing adjustment of status. If your filing date was current for 3+ years , you would have filed for AOS already right ? When you finally see a later date or the letter "C" on the "Dates for Filing" on the Visa Bulletin website, you will know that your priority date has become current. Interesting. Final Action Dates: Final action dates are determined by your Green Card category and chargeability area which is your country of origin. What it means is that you can go ahead and apply for the next steps to get your green card and there is no wait time. How are Green Card or Immigrant Visas count Reported, Predicted? All Rights Reserved, In a consultation, an attorney can provide answers to your questions, or you may engage our firm for your immigration process. . In order to port your green card to the next level, you must not only obtain the qualifications for the new level, but you must also obtain a new job that requires your new qualifications. Visa Bulletin (Priority Dates) - Adhikari Law PLLC For H-1B workers who have been subject to per-country visa limitations and unable to file an application to adjust status (I-485), you are probably familiar with the ability to continue to extend H-1B status beyond the six-year limit in three-year increments based on your approved I-140 immigrant petition. They can also file applications for green cards with USCIS without having to wait. The date on final action date is still in June 2016 so I made that assumption that it would take at least a year for my PD becomes current. This is a process by which you can adjust your status from nonimmigrant to immigrant. The reports including the total number of immigrant visa applicants are sent to the Visa Office every month. If the final action date reads June 8, 2014, then everyone who has a priority date of June 8, 2014 or older will have green card numbers issued to them that month. The information contained on this website is for general information purposes only and is not a substitute for legal advice and does not create an attorney-client relationship. Advisory Action not mailed until after end of three months from mailing date of Final Office Action In this case, extension fees are calculated from the Advisory Action mailing date . It may not display this or other websites correctly. I have filed under niw eb2. The loan then gets disbursed into your U.S. bank account within a reasonable number of days (some lenders will be as quick as 2-3 business days). Immediate relatives include: Immigrant visas for immediate relatives of U.S. citizens are unlimited, so they are always available.. Any idea how long it takes to get gree card interview with . File H1B Extension Before Priority Date Becomes Current This is a great space to write long text about your company and your services. Not sure which I-485s are processed by NVC, do they do only consular processing or regular processing too? Assuming you do not have an I-485 pending from your EB3 case, AC21 portability is not really a factor (i.e. If Manuel had checked the Bulletin for February of 2023 . Detailed Green Card Wait Time: Based on March 2023 data from USCIS/DOS, please see below current wait time for both EB and FB categories. This date shows what your priority level is according to the Department of State. You do not have a priority date set. From project selection to the final green card, our experienced team assists and advises investors throughout the EB-5 process. Now that we have a full background, lets look at each of the terms dates of filing and final action dates: The dates for filing application or simply dates for filing in Visa bulletin are the earliest dates when Green Card Applicants may be able to apply for green card or immigrant visa. This site uses cookies to help personalise content, tailor your experience and to keep you logged in if you register. This date will be printed on your notice of receipt from the USCIS and should be noted as one of the most important dates concerning your green card processing time. what happens when final action date is current? I-485 Approvals Possible: Impact on Spouses / Children without Filed I-485s. This is an important date because once the immigrant visa number is available, the foreign nationals physical green card can be issued. The Form I-485 processing time is long, and the wait can be difficult. what happens when final action date is current?filipino ethnocentrism 5 examples Yes! This can be done for most employment-based green cards and does not have to go from an EB-3 to an EB-2 or an EB-2 to and EB-1. His previous employer is unable to take him back untill they have a new job for him. This behavior seems to be common. A green card cannot be issued unless the applicants priority date is earlier that the Final Action Date listed on the visa bulletin. The Visa Bulletin is released by the U.S. Department of State. If you are considering downgrading your petition from EB-2 to EB-3, read THIS ARTICLE. PD Date is current in DOF but USCIS disallows: You cannot do anything. USCIS Visa Bulletin Mar 2023 Employment Green Card Dates - USA - AM22Tech Did the officer told you that the only reason not to approve was your PD not being current? These requests for H-1B extensions are made under the provisions of Section 104(c) of the American Competitiveness in the 21st Century Act (AC21). There has been no movement on my case so far. So what should you do if youre looking at decades of waiting time for your priority date. If a person does not file in December 2011, therefore, even though s/he could do so, the opportunity is not . To adjust your status, you will need to submit an I-485 Application to Register Permanent Resident or Adjust Status with the USCIS, pay the fee that varies based on your age, and wait approximately six months to have it approved. Would the person risk loosing out filing for GC forever ? This option is available to all but mandatory for those that are not under a nonimmigrant visa status at the time of the approval of their petition. In general, each of these high-level categories has many sub-categories that are identified by Green Card Category Codes like E11, E12, IR1, etc. No the office didn't say anything. When to Apply for Adjustment of Status When You're on a Wait List - Nolo Newport Beach, CA 92660, 18 King Street East, Suite 1400 As long as the priority date remains current, the case can be filed, in this example, in January or February 2012 or a later time. contact our office to schedule a consultation. In order to be eligible to file an H-1B extension beyond the six-year limit after your priority date (Final Action Date) becomes current. THIS is the Form I-485 processing time at USCIS [2022] - Stilt Blog Why Is It Longer For Some Countries Than Others? When can you Apply for H1B Visa Stamping after Petition Approval? Citizenship and Immigration Services (USCIS) posts a condensed version of the visa bulletin on its website and specifies which chart certain foreign nationals should use to determine when their priority date becomes current. The 1 year rule usually is only enforced if the I-140 is under NVC jurisdiction. Lets look at them. If you take a look at the Department of States monthly visa bulletin, you may be surprised to see that there is no section for marriage-based green cards under the family immigration section. My interview was complete in Oct 2018. That way, you can avoid having your priority date reset and your waiting time will be subject to the new final action dates listed in the bulletin for the higher preference level. If there are not enough applications to meet this numerical limit, the applicants will be asked to submit their adjustment of status applications using Dates for Filing. Emily Neumann is Managing Partner at Reddy & Neumann, P.C. @gNsj26 : are you saying that because u switched jobs your new perm is in process for over a year and then you will file 485 now ? The Visa Office (VO) that is part of US Department of State (DOS) handles the green card numbers reporting and prediction. The USCIS may also use the dates of filing to ask green card applicants in the U.S. to submit their Adjustment of Status applications. Everyone from that specific country and category can file for their green card and enjoy quick processing. I hope this is not . In cases, where they believe they do not have enough applications to fill the total numerical limit by end of fiscal year( next year September), they will ask green card applicants to use Dates for Filing to submit the adjustment of status applications. Once your date becomes current USCIS will take all the I-485 that became current (from oct01-mar02) and then they will start processing based on the 485 receipt date. The priority date doesn't matter because there is no annual limit in your category. When the dates for filing show as C or Current, it means that the foreigner doesnt have to wait anymore to apply for a visa interview at the U.S. consulate in their country for the immigrant visa. Background for Dates for Filing & Final Action Dates. The USCIS also forecasts the number of applications for green cards they need to meet the numerical limits at the end of the fiscal year. what happens when final action date is current? For each category and for each country, there is a date that is called the final action date. . For example, below is what was used in October 2020, where it says to use Dates for Filing. Could any gurus explain me what's going on. January 30, 2012. In order to port her EB-3 status to EB-2, she will need to either be promoted to a higher position that requires her masters degree or she will need to find a new job that requires the degree. Why do Dates for Filing and Final Action Dates fluctuate? PDF After Final Practice and Appeal - Mintz Priority Date: Current, Retrogressed, or Doesn't Matter? Even though the H-1B worker was able to extend the H-1B in three-year increments based upon the approved I-140 under AC21 Section 104(c), the worker will not be able to extend under 106(b) where the labor certification was filed after the worker began his or her sixth year of H-1B time. The dates for filing are typically used by National Visa Center (NVC) to notify immigrant visa applicants (green card applicants), who are outside of US to prepare themselves and submit all the relevant documents required for the Green Card Visa Interview at US Consulates. Refile EB2 i485 or Interfile After EB2 to EB3 Downgrade? - USA - AM22Tech At this stage priority date between oct01-mar02 does not matter. My PD just became current with PD of Jan 2002( ROW) LUD has been changed on 8/23, 8/24,8/29 and again today 9/1 for me and for my wife. Final action dates are used by the USCIS as default priority dates to ask applicants for green cards to apply for an Adjustment of status. You can use this space to go into a little more detail about your company. During h1b transfer, the lawyer of the new company said my h1b could be denied because of this rule. The Interview was in December. Also, Visa Bulletins after the first few months of the USCIS fiscal year will tell everyone to use final action dates. If you meet these requirements, you may continue to extend your H-1B status in one-year increments until a final decision is made to approve or deny your pending I-485 application. For example, July Visa Bulletin is most likely published between June 10 th and 15 th. I was kinda excited today when I saw LUD but disappointed after seeing the same finger print messages. To bring the prosecution to a speedy conclusion and at the same time deal justly with the patent owner and the public, the examiner will twice provide the patent owner with such information and references . Moreover, the job offer must generally continue to exist throughout the life of the case, and it is expected that the foreign national will continue to work in the sponsored employment for a reasonable period following approval of the I-485. Lets review, what they mean for NVC, Consulates and USCIS. mcgilley state line obituaries. This makes it possible to have more applications ready in the queue to meet the whole years demand. If USCIS determines there are more immigrant visas available for a fiscal year than there are known applicants for such visas, it will allow foreign nationals to use theDates for Filing chart. This is not to be confused with a change of status or a transfer of status, which are different processes entirely. On the Stilt Blog, I write about the complex topics like finance, immigration, and technology to help immigrants make the most of their lives in the U.S. Our content and brand have been featured in Forbes, TechCrunch, VentureBeat, and more. You may also watch the YouTube video on Dates of Filing vs Final Action Dates that covers the details in this article. Thats why its always best to discuss your situation with a qualified and experienced immigration attorney to ensure that you are making the right decisions when it comes to your green card. These are the dates the National Visa Center (NVC) uses to notify green card applicants that they can start getting documentarily qualified. The Chinese final action date has advanced by one week to July 22, 2015, and the Vietnamese date by three weeks to May 15, 2017, but the Indian final action date has moved forward by a staggering seven months from January 1, 2020. Travel to USA Processes, Samples, How to Guides, USCIS suggests which charts to use for filing adjustment of status, Green Card Numerical Limits, Country Caps, Priority Date, introduced the concept of two dates to align procedures, Obama plan for modernizing legal immigration in 2015, report of total number of immigrant visa (Green Card) applicants, video on Dates of Filing vs Final Action Dates, USCIS Visa Bulletin filings charts webpage, Trump Travel Ban for Immigrant Visa holders, https://visagrader.com/uscis-processing-times/i-485-eb, GUIDE to H1B Visa 2023 Lottery, Registration, Predictions, News, FAQs. Santosh, Yes, that could be the reason, we do not know for sure. Unless the priority date of the applicant is earlier than the visa bulletins listed Final Action Date, no green card can be issued. Any idea how long it takes to get gree card interview with current covid situation my Attorney says it takes 12 months any body did receive recently green card please share. 1. CONCEPT. All rights reserved. For others, it could be risky, potentially causing them to lose the opportunity for a long time. That is when the priority date is said to be current: We take a holistic underwriting approach to determine your interest rates and make sure you get the lowest rate possible. I hope they become current soon! In handling applications for adjustment of status where immigrant visa numbers have regressed, U.S. End of Sentence for Entering Canada with a Criminal Record? Stilt provides loans to international students and working professionals in the U.S. (F-1, OPT, H-1B, O-1, L-1, TN visa holders) at rates lower than any other lender. The Dates for Filing column also reflects when the State Department expects the Final Action Dates to be current 8 to 12 months in the future. She is a member of the American Immigration Lawyers Association and Society for Human Resource Management. When the number of immigrant visas is finally available, the foreign national can reach one of the important green card process steps where their physical visa can be finally issued. with 15 years of experience practicing US immigration law providing services to U.S. businesses and multinational corporations. IMPORTANT UPDATE: There is a significant advancement of Priority Dates in EB-3 India category in October 2020VISA BULLETIN. I-140 and I-485 - Klasko Immigration Law Partners, LLP I hmy final action date is current and I had finger print processing in Jan 2021 and got my EAD. If your application meets the eligibility criteria, the lender will contact you with regard to your application. Disclaimer: Website, software platform and administrative support are provided by VisaNation Inc., a Delaware corporation. Now I hear this rule applies to I-485 stage as well. All of the high-level categories usually have several sub-categories that are given Green Card Category Codes to identify, including IR1, E12, E11, and others. You may have heard of them or you may even be currently waiting for your priority date to be current right now. If case action was originally made with EB-2 number was available but the date retrogressed before the case could be adjusted, USCIS would request an EB-2 visa authorization. What do the "Final Action Date" and "Dates for Filing Applications In this case, can the applicant (through their employer) submit their I-485 applications because their priority date is current based on Dates for Filing Application ? Age at Time of Visa Availability Pending Time = CSPA Age Approval Date Filing Date = Pending Time. This can either be through your current employer or with a new one. Se (re)sentir chez soi; Des proches rassurs; Rester actif rester vivant; RSIDENCES SENIORS. However, there is a catch. They will predict the number of Green Cards available for the upcoming months, until the end of fiscal year, based on below three data points.
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