These dates are typically eight to 12 months prior to the expected Final Action Dates and allow applicants to submit their application for permanent residence and relevant documents before it is time for the government to approve it. For example, below is what was used in October 2020, where it says to use Dates for Filing. These were all introduced as part of Obama plan for modernizing legal immigration in 2015. GUIDE to Travel to US with valid Visa on Expired Passport ? The second, new chart is the "Dates for Filing Application" chart, which indicates the date when a green card applicant can submit an I-485 adjustment of status application. Suite 202 These issues should be discussed with an experienced, qualified immigration attorney, who can provide guidance in such matters. Because the number of green card applicants generally exceeds the available immigrant visas, foreign nationals are given priority dates when an initial immigrant petition or labor certification is filed. what happens when final action date is current? There are, however, overall risks in waiting for greatly extended periods of time, as explained below. 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. Ruchi, There is no shortcut, he has to get the PERM done with C. Can you also analyze the proposed changes related to Duration of Status for F1 visa Particularly its impact on OPT and STEM OPT extensions https://www.insidehighered.com/news/2020/09/25/trump-administration-proposes-major-overhaul-student-visa-rules. The priority date doesn't matter because there is no annual limit in your category. So what is a priority date? While she was waiting, she obtained a masters degree in computer science. Also, similarly one can file green card applications with USCIS without waiting. . With Final Action Dates, when they show as C or Current, it means that there isnt any wait time in the queue for green cards. To make it easier for foreign nationals to track their place in line, U.S. Could any gurus explain me what's going on. Both routes can be advantageous based on your situation. Lets look at them. 2271 Final Action [R-07.2015] Before a final action is in order, a clear issue should be developed between the examiner and the patent owner. Its all about the priority date. Attorneys at the Murthy Law Firm are available for consultation on these matters. JavaScript is disabled. Maybe I am just unlucky and you may have better luck. The dates of filing may also be used by USCIS asking Green Card applicants in US to submit applications for Adjustment of Status. The length of time could be significant. "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. They can't width draw if its more than 6 months old, @Oracle $$$$$ : lawyers suggest that it is expected that petitioner would file for 485 adjustment within a year of date becoming current . Now I hear this rule applies to I-485 stage as well. There are a number of reasons that an individual may not be able to or chooses not to file his or her I-485 in the month that the priority date first becomes current. US Department of State(DOS) introduced the concept of two dates to align procedures of Immigrant Visas (Green Card) at US Consulates abroad with USCIS adjustment of status application procedures. The good news is that many U.S. employers prefer premium processing, which will expedite the overall processing time. If you see below chart of Immigrant Visa Process, the steps from Step 2 to Step 9 are done by NVC for applicants who are applying for Green Card (immigrant visa) from outside of US. Please do let us know how long did it take for USCIS to make a decision on your I485 application after the final action date became current in April 2020. However, USCIS may excuse a failure to file in its discretion if the H-1B worker establishes that the failure to apply for adjustment of status was due to circumstances beyond his or her control. Thanks. In this article, we will look at the differences and how the different dates thing works. Also, the NVC will tell applicants that their application is Documentarily complete. There's no way to know exactly when, so . what happens when final action date is current? what happens when final action date is current? what happens when final action date is current? If ones case is delayed, and the cutoff dates retrogress, the individual then will have to wait until his/her priority date is current again. If you are new to the Green Card process and have not heard some of the terms like country caps, priority dates or numerical limits, read Green Card Numerical Limits, Country Caps, Priority Date to get an idea. According to the regulations revised in 2017, an H-1B worker is generally ineligible for continued extensions beyond the six year limit if he or she is the beneficiary of an approved I-140 immigrant petition and fails to file an adjustment of status application within 1 year of an immigrant visa being authorized for issuance based on his or her preference category and country of chargeability. Lawyers suggestion is to avoid moving companies when date movement is rapid unless one qualifies for ac21 porting, https://www.avvo.com/legal-answers/is-there-a-time-limit-for-filing-i-485-from-the-ti-4054517.html. Because the expiration date of the EAD will be tied to the . Not yet. 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. How it benefits you is because porting your green card allows your employer to indicate that your original green card priority date should be retained. Once your "priority date" becomes current, you can apply for your immigrant visa at a U.S. Consulate, or if you are in the U.S. in valid status or are otherwise eligible, through Adjustment of Status. My filing date is current for 3+ years now. I was in this situation 2 years ago - final cutoff date was current for longer than a year when I switched job. Any exceptions for a certain month will be mentioned in the Visa Bulletin and specified to use filing dates. 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 called visa retrogression, which occurs when more people apply for a visa in a particular category . If the advancement is an unusual circumstance (such as occurred in the summer of 2007), waiting may be risky, as retrogression is highly likely. How long does it take for card approval after PD becomes current (EB1C 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, your labor certification or I-140 petition must have been filed at least 365 days before you reached your six-year limit of H-1B time, and. 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. His previous employer is unable to take him back untill they have a new job for him. Application Final Action Dates chart (consistent with previous Visa Bulletins) and; . Your use of this website and our software platform are subject to VisaNation Inc.'s privacy policy and terms of use. Usually, Dates for Filing are used during the fiscal years first few months, such as October and November. Just passing by to tell that I finally understood the difference between these two, thank you so much!!! Your name check needs be cleared by the time they take your I-485 file. I would like to know if anyone's I-485 application with Dallas FO after transfer from NBC to Dallas Fo on July 20th. If you have any questions, send us an email at [emailprotected]. Countries that submit fewer petitions than the limit will see their final action dates move forward. See below screenshot from the same page, where they ask applicants to use Final Action dates for September 2020. This bulletin reveals how many green cards are available for each category and also shows priority dates. . Provide any additional information if required. Sometimes, a priority date that is current one month will not be current the next month, or the cut-off date will move backward to an earlier date. However, that requires that the I-485 remain pending for at least 180 days. UNITED KINGDOM. If you check any of the previous editions of Visa Bulletin like September 2015 Visa Bulletin, you would not find two charts or two dates listed. Thanks. 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. See below screenshot from USCIS Visa Bulletin filings charts webpage, where they ask applicants what date to use in a particular month. 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. Typically, an applicant receives their green card from USCIS 1 to 4 weeks after approval of the adjustment of status, which is step 4 in the AOS timeline below: Make Progress Today. You can check https://visagrader.com/uscis-processing-times/i-485-eb to know processing times history by location. You may also call the DOS at (202) 663-1541 for a 24-hour recording that gives the priority dates that are currently being processed. Anyone waiting to receive an employment-based or family-based green card is likely already familiar with the visa bulletin. However, for those populated countries that regularly submit more petitions than their limit, priority date waiting times could take decades to become current, if they ever become current at all. It may be many years before her priority date is current. Najwitszej Maryi Panny Krlowej Polski > Bez kategorii > what happens when final action date is current? A lot depends on what is the current age of your child and how soon it can get current in the EB2 final action chart. How long does it take to get green card after becoming current? We understand that waiting for a decision on a pending I-485 after a priority date becomes current may be frustrating especially after having waited for years for a current priority date. In this post, we will take a look at the final action date vs filing date and analyze their differences. Hi. These will predict how many Green Cards will be available for the following months until the fiscal year ends. USCIS uses final action dates as the default priority dates asking green card applicants to apply for Adjustment of status. Adjustment of Status Timeline - RapidVisa Which priority date is current? Emily Neumann is Managing Partner at Reddy & Neumann, P.C. NVC will also notify the applicants that their application is Documentarily complete. 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. Hire Us. A few differences can be seen between the Dates for Filing and Final Action Dates. Assuming you do not have an I-485 pending from your EB3 case, AC21 portability is not really a factor (i.e. Conduct the adjustment of status interview; 2. I am in the same boat as you are. This will help you better understand how the Dates for Filing and Final Action Dates movement in next sections. However, others will have to wait until the final action date passes their priority date in order for their priority dates to be considered current. How Do I Know If USCIS Received My Application? How many weeks are they expecting to provide a decision after the date becomes current per Visa bulletin for a category. You must wait until your priority date is current with the final action dates posted by the Department of Homeland Security. Legal services are provided by VisaNation Law Group PLLC, a Florida professional limited liability company. You must log in or register to reply here. Biometrics? USCIS approves the petition, thus making February 1, 2023 Manuel's Priority Date. USCIS Clarifies Age Determination & "Sought to - Meltzer Hellrung If your application meets the eligibility criteria, the lender will contact you with regard to your application. What is the best possible course of action for him thru his current employer C? "C" means "current," in other words, that there is no more wait and you can file your adjustment application now. The priority dates that were used before introduction of two separate dates are nothing but the final action dates. So , in order to best utilize this opportunity to get his greencard and EAD, what would be suggested course of action for him? Don't hold your breath. In employment-based green card cases, the entire basis for a case is the employers job offer. 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. Current Priority Date - U.S. Embassy in Bangladesh We responded to the RFE in a month and Interview was scheduled in October. I am hoping though as soon as the final action date becomes current, NBC will transfer the cases to the local USCIS center for the period that became current before they publish the next period in the following USCIS visa bulletin. Final Action Date vs Filing Date - Things You Should Know - Stilt Blog 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. I was kinda excited today when I saw LUD but disappointed after seeing the same finger print messages. However, this is not a written rule and the Visa Office may release a new visa bulletin as early as the 8 th, or as late as the 18 th. This is because the marriage green card is in a separate category called immediate family. The Visa Bulletin is released by the U.S. Department of State. You may have heard of them or you may even be currently waiting for your priority date to be current right now. Also, if you are in the process of considering petitioning for a green card, the idea of having to wait decades could be terrifying. Also, for reporting and prediction, The Visa Office aggregates numbers on the high-level Categories like F1, F2A, EB-1 and does not give priority dates under sub-categories level. Final Action Dates and Dates for Filing are two different things, but what exactly are the differences between them? Please note: These wait times can change every few weeks as USCIS/DOS receives more applications. 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. 2271-Final Action - United States Patent And Trademark Office I hope they become current soon! Youll have to compare your priority date to the final action dates that are posted in the visa bulletin. In handling applications for adjustment of status where immigrant visa numbers have regressed, U.S. I would like to know if I really need to have an attorney by my side to help in this process or I can do it myself ? I-485 application. So the bottom line is LUD never changed since August 05 and suddenly 4 LUD in past 10 days. We will update this table when we receive more data from USCIS/DOS. Historically priority date and final action dates have been close together so people have not been stuck in Step 1.5 for long; but this abrupt 5 year advancement in filing dates have also never . Indian EB-5 Final Action Date Current in July 2020 Visa Bulletin Other individuals may have suffered a denial at either the labor certification or the I-140 stage. 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. USCIS Visa Bulletin Mar 2023 Employment Green Card Dates - USA - AM22Tech Legal services are subject to a separate attorney agreement between VisaNation Law Group PLLC (formerly SGM Law Group PLLC) and you. 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. Difference between Final Action Dates and Dates for Filing. I hmy final action date is current and I had finger print processing in Jan 2021 and got my EAD. Why is your priority date important? The priority date represents the foreign nationals place in line for a green card. The Form I-485 processing time is long, and the wait can be difficult. he doesnt have I140 approved from current employer C yet. 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. The priority date is earlier (before) the final action date. the final action date would immediately become "Current" for October for all countries except El Salvador, Guatemala, and Honduras which would be subject to an August 1, 2017 final action . The final action date for an oversubscribed category is the priority date of the first applicant who could not be reached within the numerical limits. Add your thoughts in comments below. The greatest risk in delaying is that the opportunity may be lost. These are the dates the National Visa Center (NVC) uses to notify green card applicants that they can start getting documentarily qualified. 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 is not due to any prejudice on the part of the Department of State. Co. There's one twist to the Visa Bulletin. The Final Action Dates indicate the dates an immigrant visa number will be available for a foreign national with a current priority date that month. Concurrently, these reports are obtained from the U.S. consulates and Embassies from all over the world. 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 ? 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. Usually, you see USCIS ask applicants to use Dates for Filing in the beginning months of the Fiscal year start (October, November). US Department of State introduced the concept of Final Action Dates and Dates for Filing only from October 2015 Visa Bulletin. Seek new employment if you have remaining H-1B time and file new PERM and I-140. NVC does not process I-485s. No the office didn't say anything. 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. dave chappelle: the closer vinyl. For some, this prevents opportunities for promotions and other career advancement. Thanks. If Manuel had checked the Bulletin for February of 2023 . Termination of Employment and Green Card Application USCIS informs public at www.uscis.gov/visabulletininfo on what dates to use for submitting adjustment of status applications. Save my name, email, and website in this browser for the next time I comment. In fact, if you petitioned for a family-based or employment-based green card, you most certainly have a priority date. Filing Date vs Final Action Dates: Visa Bulletin? CEAC Website, Errors Info. Everyone from that specific country and category can file for their green card and enjoy quick processing. With the July 2020 bulletin out, Im excited to see how India EB1 final action dates are progressing. If there is a date shown, that's the "cutoff date." Compare that to your priority date. It is the day that the USCIS receives your green card petition. In order for a spouse to be eligible for immigration benefits under the umbrella of the primary applicants employment-based green card case, the marriage must occur before the I-485 is approved. 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. Immediate relatives include: Immigrant visas for immediate relatives of U.S. citizens are unlimited, so they are always available.. When your final action date becomes current, you would see "Current" or "C" in the Visa Bulletin. mcgilley state line obituaries. In reality, your employer will need to file an completely new petition, fees, and obtain a new PERM Labor Certification on your behalf. Yes. My interview was complete in Oct 2018. Then it's time to move forward with the process of getting your immigrant visa or green card. With the layoffs at NBC I dont see it happening anytime soon. Specialty Occupations (H-1B and H-1B1 Visas), Treaty Traders or Investors or Australian Professionals (E Visas), Temporary and Seasonal Workers (H-2A and H-2B), EB-1B Outstanding Professors and Researchers, EB-1C Multinational Managers and Executives, Physical Therapist or Registered Nurse (Schedule A), EB-3 Professional, Skilled Worker, Other Worker, Litigation, Notice of Intent to Deny, Notice of Intent to Revoke, Request for Evidence. Not sure what a priority date means? How to Apply for H4 EAD? Heavily-populated countries such as China or India usually exceed the annual limit on green cards across several different categories, causing backlogs to build and dates to retrogress. 1. Visa Retrogression, or Why Your Priority Date Is No Longer Current It will help them issue maximum number of Green Cards per year, without wasting them, as per Congress guidance. If you're an immediate relative of a U.S. citizen, you don't need to track the Visa Bulletin. Every month the Visa Office gets a report of total number of immigrant visa (Green Card) applicants from all US consulates & Embassies across the globe. what happens when final action date is current? 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. This site uses cookies to help personalise content, tailor your experience and to keep you logged in if you register. 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). Basically, documentarily complete means that NVC has received all basic documents, fees and the applicant is ready to be interviewed when priority dates become current for that applicant. Sign and return that note if you wish to accept the loan offer. Let's say that the priority date of the applicant is the 1st of December, 2010 and that the final action date is the 22nd of December, 2010. Date For Filing vs. Final Action Date, the Two-Tiered Visa Bulletin Lets look at an example: Martha is an Indian citizen waiting on an EB-3 green card with a priority date in March 2016. What do you think of the way ahead? People can find out from www.uscis.gov/visabulletininfo which dates they should use to submit applications for adjustment of status. The Interview was in December. Any idea how long it takes to get gree card interview with . Thus, delaying the I-485 means being tied to the particular employment for a longer duration. But what is the difference between them? For Consular processing Green Card applicants, after the green card application ( form I-130 or I-140 ) is approved by USCIS, it is sent to National Visa Center(NVC) for next steps. WHAT TO DO WHEN YOUR PRIORITY DATE BECOMES CURRENT - YouTube Soon youll have your loan offer. If you are considering applying for a personal loan, just follow these 3 simple steps. After which, your passport will be taken and then mailed back to you with a green card inside. B1/B2, H1, F1? you'll need to file your I-485 application for adjustment of . what happens when final action date is current? However, there is a catch. Citadel Securities, Go to company page With that, the Indian final action date is finally current, although it's unclear how long-lived this status will be. We take a holistic underwriting approach to determine your interest rates and make sure you get the lowest rate possible. How to Apply for a U.S. Passport: A Step-by-Step Guide, PERM Process & Equal Pay Transparency Laws, Its Not Too Late for the H-1B Visa Lottery, USCIS Extends Green Card Validity for Conditional Permanent Residents with a Pending Form I-751, Process Update for Labor Enforcement Investigations, The Truth About Deferred Prosecution & Crossing The Canadian Border, Our Community Involvement: Luxury Purse Bingo, New Designs Roll Out for Green Cards & Employment Authorization Documents. It is necessary to be in the United States in order to file the I-485. Learn what others are saying about us on Google, Yelp, and Facebook or visit us at https://www.stilt.com. F2A: CURRENT (Spouse and under 21 children of Legal Permanent Residents) FX: CURRENT (F2A Cases with older priority dates) F2B: 22 SEP 2015 (Unmarried Sons/Daughters of Legal Permanent Residents) F3: 22 NOV 2008 (Married Sons/Daughters of U.S. Citizens) F4: 22 MAR 2007 (Brothers/Sisters of U.S. Citizens and their Spouses and under 21 Children) It would then be held until the final . Final Action Dates and Filing Dates are not the same, and you must know the differences if you are a green card applicant. Retrogress? File H1B Extension Before Priority Date Becomes Current 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. They can do the interview before the final action date is current . Qualified Immigrant Visa Applicants count received from US Consulates, Pending Adjustment of Status applicants count received from USCIS. First, when a fiscal year starts in October, Visa Office divides the total annual available Green Card numbers into monthly allotments. Unfortunately, if you previously filed your I-485 adjustment of status application but your priority date has retrogressed and is no longer current, the U.S. It has Dates for Filing charts and Final Action Dates charts. Having to wait for a green card priority date to be current can be difficult, and you may want to see what your options are when it comes to shortening this waiting time. Also, they enable the applicants to submit their important documents and their permanent residence application before the government can approve it. what happens when final action date is current? There is no timeline. #Eb3 #visabulletin #nurses #immigration #immigrationupdate --If you are an RN who wants to live and work in the USA, please visit our website to apply: http. In many cases, the Date for Filing will be well before the Final Action Date, meaning that the alien applicants . 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. Final Action Dates are used most commonly for filing applications for adjustment of status with the USCIS during the remainder of the year after the passing of the first months. The process of prediction is pretty complicated. What happens when Final Action Date is current ? Interesting. How Do I Know Which USCIS Service Center? When can you Apply for H1B Visa Stamping after Petition Approval? 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. senior housing bloomfield, nj. First Notice of Action (NOA): 1 to 5 weeks. Applicants are then notified by the NVC to start submitting the documents, but the NVC also uses the Dates for Filing Numbers to work with them and help them get ready for their interview. In some cases, a delay in filing simply means that the case moves forward a month or a few months later, with no other significant difference. Guide How does it work? Among these is one important series of questions concerning when one must file the adjustment of status (I-485) application. 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.