USCIS is supposed to also enforce it, but I've never heard of a case where it happened. While it is permissible to file the I-485 as soon as one's priority date becomes current, this is not a requirement. The job offer must exist at the time of the I-485 filing. What do you think of the dates for filing and final action dates movement? 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. USCIS approves the petition, thus making February 1, 2023 Manuel's Priority Date. But if your priority date is any date prior to October 8, 2011, your priority date is current and you are eligible for concurrent filing. The Visa Bulletin is released by the U.S. Department of State every month. How Do I Speak to a Live Person at USCIS? You may also watch the YouTube video on Dates of Filing vs Final Action Dates that covers the details in this article. Beginning December 3, 2022, trademark applicants will have three months (with an optional three-month extension), instead of the current six months, to respond to office actions issued during the examination of a trademark application at the United States Patent and Trademark Office (USPTO). Speak with your immigration attorney to learn more. The above final action date projections for the Family and Employment categories indicate what is likely to happen on a monthly basis through January. I hope you have received your green card by now! USCISs goal is to have sufficient number of applications so that they can issue maximum number of green cards by end of year and they do not get wasted. If your application meets the eligibility criteria, the lender will contact you with regard to your application. If you are terminated while both the I-140 and I-485 are pending with USCIS AND employer withdraws I-140 petition. Interesting. Generally, the dates are 8 to 12 months before the expected Final Action Dates. When assessing this risk, it is necessary to consider the reason for the cutoff date advancement. Could be a few days to several months. All times are GMT-5. We take a holistic underwriting approach to determine your interest rates and make sure you get the lowest rate possible. This article will serve to educate you about what green card priority dates are, how they work, why the wait is so long, and what your options are when it comes to shortening your waiting time. The final action dates or application final action dates are the dates when the actual green card numbers are available for that category & country of birth, so that the final Green Cards or immigrant visas can be issued. 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. The dates of filing may also be used by USCIS asking Green Card applicants in US to submit applications for Adjustment of Status. 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. Unless the priority date of the applicant is earlier than the visa bulletins listed Final Action Date, no green card can be issued. If too many people from a single country petition for the same green card in one year, a backlog will build up, and the DOS will process petitions in order of their priority dates. Final Action Dates and Filing Dates are not the same, and you must know the differences if you are a green card applicant. UNITED KINGDOM. If your filing date was current for 3+ years , you would have filed for AOS already right ? In employment-based green card cases, the entire basis for a case is the employers job offer. 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. 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. If you are considering downgrading your petition from EB-2 to EB-3, read THIS ARTICLE. Lets review, what dates for filing mean for NVC, Consulates and USCIS. Opinion only. Both routes can be advantageous based on your situation. tula tungkol sa magsasaka at mangingisda; When can you Apply for H1B Visa Stamping after Petition Approval? Your I-485 (green card application) will be denied. 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. 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. 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. One of my friend is on H1b Visa and have I-140 approved from previous employer A under Eb2 category. how long does it take to get the gc after priority date is C. Like this thread 0 0. How Do I Know Which USCIS Service Center? what happens when final action date is current? Emily has been quoted in Bloomberg Law, U.S. News & World Report, Inside Higher Ed, and The Times of India on various hot topics in immigration. First Notice of Action (NOA): 1 to 5 weeks. Can his current employer C do something or he has to go back to previous employer A? My interview was complete in Oct 2018. This is because the marriage green card is in a separate category called immediate family. Applicants require this information so they can file a Service Request if the Form I . If this is your first visit, be sure to Depending on how the above three numbers vary, you would see movement of the priority dates. Therefore, you will have to wait until they have processed all of the petitions that were submitted prior to yours before your petition will be processed. 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. 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. 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) 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. 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. I hope they become current soon! Salesforce, Go to company page To calculate when your priority date may . Also note that if the accrual of the 1-year period is interrupted by the unavailability of an immigrant visa, such as when a priority date becomes current and later retrogresses, a new 1-year period starts when the priority date becomes current again. I hmy final action date is current and I had finger print processing in Jan 2021 and got my EAD. The first route is called adjustment of status. Could any gurus explain me what's going on. 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. When your priority date becomes current in that present month's Visa Bulletin, you are then eligible for either adjustment of status or to pursue your immigrant visa abroad. The process of prediction is pretty complicated. 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. In this article, we will look at the differences and how the different dates thing works. NVC will also notify the applicants that their application is Documentarily complete. It has Dates for Filing charts and Final Action Dates charts. Immediate relatives include: Immigrant visas for immediate relatives of U.S. citizens are unlimited, so they are always available.. 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. Any exceptions for a certain month will be mentioned in the Visa Bulletin and specified to use filing dates. Newport Beach, CA 92660, 18 King Street East, Suite 1400 It is necessary to be in the United States in order to file the I-485. The visa bulletin is published by the U.S. Department of State each month and serves as a waiting list for foreign nationals whose immigrant visas are subject to a yearly quota. I am in the same boat as you are. Thanks. Usually, Dates for Filing are used during the fiscal years first few months, such as October and November. Please note: These wait times can change every few weeks as USCIS/DOS receives more applications. Assuming you do not have an I-485 pending from your EB3 case, AC21 portability is not really a factor (i.e. I have filed under niw eb2. Keep this data handy in case you need to compare it to the dates in this bulletin. In other words, if a person's priority date is listed in the Dates for Filing column, their priority date would be current in the Final Action Date column in less than a year. Posted by userkv (15) 4 minutes ago. New, Renewal? Najwitszej Maryi Panny Krlowej Polski > Bez kategorii > what happens when final action date is current? Also, with two dates, US Dept of State would be able to more accurately predict the demand and supply of Green Card numbers. 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. I guess you've got no I-485 RFE ? How VisaNation Law Group Attorneys Can Help. 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. you'll need to file your I-485 application for adjustment of . Age at Time of Visa Availability Pending Time = CSPA Age Approval Date Filing Date = Pending Time. This is essentially where the DOS is when it comes to processing petitions. 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. At a Glance: The entire Form I-485 process typically takes 8 to 14 months from the time of filing but there are key steps along the way that you should be aware of. So, you will have to wait until the final action date matches or passes your priority date before you can receive a green card number. If it becomes necessary during the monthly allocation process to retrogress a final action date, supplemental requests for numbers will be honored only if the priority date falls within the new . After which, your passport will be taken and then mailed back to you with a green card inside. USCIS processes all I-485s. This is where the DOS Visa Bulletin comes into the picture. Hire Us. We responded to the RFE in a month and Interview was scheduled in October. You can think these dates as if your position in queue has reached the end and you are ready to get the green card. Concurrently, these reports are obtained from the U.S. consulates and Embassies from all over the world. 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. 1. HOW TO READ THE VISA BULLETIN // If you're trying to figure out how to read the visa bulletin, this video is for you. 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. Most likely, once your RFE is responded by you, then as soon as ur date becomes current in table, you should see 485 approved and GC delivered in same month when final action date is current. Also, similarly one can file green card applications with USCIS without waiting. what happens when final action date is 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. 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. Below are some of the common differences between final action dates and dates for filing applications. It is not like other processing. You can check https://visagrader.com/uscis-processing-times/i-485-eb to know processing times history by location. Thank you indian_ocean. it deals with people transferring employers after an I-485 has been pending for at least 180 days.) US Department of State introduced the concept of Final Action Dates and Dates for Filing only from October 2015 Visa Bulletin. What happens when an applicant has an EB-2 case pending but subsequently moves to EB-3 for a more advantageous final action date? Some countries have dates that move forward every month while others have dates that dont move at all or actually go backward in a process called retrogression. Confirm all security and background checks are completed; 3. If the job offer is lost or the business shuts down prior to the I-485 filing, the case will end. #1. For instance, Dates for Filing are used for early preparation by USCIS or NVC to ensure that there are enough applications waiting in the queue for a certain fiscal year. . he doesnt have I140 approved from current employer C yet. Is it because of the visa bank and interviews not being scheduled? Final Action Dates: Final action dates are determined by your Green Card category and chargeability area which is your country of origin. 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. 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. 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. Apply online for the loan amount you need. CANADA, 5 Kenley Road Hi , there has not been any movement in the Final action dates for F4 category in October and November. What is the best possible course of action for him thru his current employer C? When you see that your Priority Date is current on the "Dates for Filing . 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. Why do Dates for Filing and Final Action Dates fluctuate? There are, however, overall risks in waiting for greatly extended periods of time, as explained below. This is not due to any prejudice on the part of the Department of State. 2023 Berardi Immigration Law. A green card cannot be issued unless the applicant . I was in this situation 2 years ago - final cutoff date was current for longer than a year when I switched job. While it is permissible to file the I-485 as soon as ones priority date becomes current, this is not a requirement. Also, it doesnt provide any priority dates under the sub-categories level. You must log in or register to reply here. They can do the interview before the final action date is current . They are asked by the USCIS to use the Dates for Filing in the first months of that current fiscal year. This is not always the case, however when one is not yet married and wants to include the future spouse, for example. The Department of State usually releases new visa bulletin two to three weeks ahead. All rights reserved. I have read a couple of posts from people that said that took up to 3 months after PD became current. NVC does not process I-485s. No the office didn't say anything. When marriage plans are uncertain, it is not uncommon to defer the I-485 filing. Why Is It Longer For Some Countries Than Others? Background for Dates for Filing & Final Action Dates. 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. Also, Visa Bulletins after the first few months of the USCIS fiscal year will tell everyone to use final action dates. With that, the Indian final action date is finally current, although it's unclear how long-lived this status will be. "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. . See what other people are asking and the advice they're getting. Is there a separate paper work to let USCIS know that you still have intent to file for PR as soon as ur PERM is approved ? 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 . sell my timeshare now phone number what happens when final action date is current? Since the Final Action Date was not current, we did not get an approval and the document the officer gave us said they were unable to make a decision at that time. Many are in this situation as the USCIS has been so slow in approving adjustment applications even when the Final Action Dates have been current for several months. How Are Green Card and Immigrant Visas Counts Reported? 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). Also, if you are in the process of considering petitioning for a green card, the idea of having to wait decades could be terrifying. Everyone from that specific country and category can file for their green card and enjoy quick processing. Lets take a look at the example again: Martha applied for an EB-3 as a software developer. Watch this thread Start a new thread Add a post. The NVC uses Dates for Filing from Visa Bulletin to notify applicants to start submitting the documents and work with them for all the required steps to make them ready for green card interview. 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. USCIS allows green card applicants inside US to apply for adjustment of Status to get Green Card, when their priority date is current. what happens when final action date is current? Anyone knows how lawyers recommend handling this situation? 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. The Dates for Filing are the earliest dates green card applicants may apply for a green card. Spray Foam Equipment and Chemicals. Meanwhile, Final Action Dates show when there are actual available green card numbers for a certain category and country. Once the USCIS receives the petition, that date will be your priority date. Add your thoughts in comments below. What Country of Residence and How to Know Yours When on a Visa, How to Check Dropbox Eligibility with the App, Pending Adjustment of Status applicants count that the USCIS sends, Qualified Immigrant Visa Applicants count that the U.S. Consulates send, Historical counts of Abandonments, Denials, and withdrawals. Which priority date is current? I was kinda excited today when I saw LUD but disappointed after seeing the same finger print messages. @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 ? Provide any additional information if required. Copyright 1999-document.querySelector("#footer-year").innerHTML=new Date().getFullYear(); immihelp.com. Don't hold your breath. The greatest risk in delaying is that the opportunity may be lost. This is not to be confused with a change of status or a transfer of status, which are different processes entirely. USCIS uses final action dates as the default priority dates asking green card applicants to apply for Adjustment of status. 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. 2. Retrogress? The 1 year rule usually is only enforced if the I-140 is under NVC jurisdiction. Portability means that you may continue your current greencard process even if your position, location of employment, and employer change as long as the following conditions are met: 1 . Youll have to compare your priority date to the final action dates that are posted in the visa bulletin. It is helpful knowing it is not necessary to file the I-485 case as soon as the priority date becomes current.

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