";s:4:"text";s:29645:"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. You don't have to wait for the government to call you after you notice this. https://www.uscis.gov/green-card/green-card-processes-and-procedures/child-status-protection-act-cspa, A doubt about the age calculation in CSPA. Learn More, The Murthy Law Firm can conveniently and efficiently consult and/or represent clients located anywhere in the United States or abroad on U.S. immigration matters. NVC does not process I-485s. 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. 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. I hope you have received your green card by now! check out the. This will help you better understand how the Dates for Filing and Final Action Dates movement in next sections. There are few scenarios on why dates for filing & final action dates move forward or backward. A few differences can be seen between the Dates for Filing and Final Action Dates. If this is your first visit, be sure to USCIS is supposed to also enforce it, but I've never heard of a case where it happened. I am in the same boat as you are. 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. I have filed the I-485 during Oct 2020 ( based on the Filing date chart in Oct 2020 Visa Bulletin). No the office didn't say anything. The priority dates that were used before introduction of two separate dates are nothing but the final action dates. 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. The first thing Manuel does next is to check the State Department's Visa Bulletin, a list showing "cutoff dates," or which Priority Dates are "current," meaning that their holders are now entitled to visas. There are, however, overall risks in waiting for greatly extended periods of time, as explained below. Co. RedBus2US.com 2010 - 2023, All Rights Reserved. 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. 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. If the final action date moves forward until it matches the current calendar date, it will be considered current (marked by a C in the bulletin). But, what happens when the immigrant visa finally becomes available and the priority date is current? 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. This is an important date because once the immigrant visa number is available, the foreign national's physical green card can be issued. You may also watch the YouTube video on Dates of Filing vs Final Action Dates that covers the details in this article. what happens when final action date is current? Also, this is the Category that is printed on the physical Green Card that is issued to the applicant. what happens when final action date is current? If the final action dates chart shows as Current or C, then it means that there is no wait time in the green card queue. No action was taken since I wasnt sure if I wanted to continue the petition thru me. However, there is a catch. We responded to the RFE in a month and Interview was scheduled in October. These were all introduced as part of Obama plan for modernizing legal immigration in 2015. 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. We will look more details below, lets dive into the dates of filing and final action dates and how they move. Below are some of the common differences between final action dates and dates for filing applications. Retrogress? 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 the same case with current October 2020 Visa Bulletin as well. What happens when Final Action Date is current ? 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. Some lenders send a promissory note with your loan offer. 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. Seek new employment if you have remaining H-1B time and file new PERM and I-140. Also, similarly one can file green card applications with USCIS without waiting. 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. If your filing date was current for 3+ years , you would have filed for AOS already right ? Not only that, but they also receive the pending adjustment of status application number from the USCIS. If you have any questions, send us an email at [emailprotected]. meaning that the priority date must be current. That is when the priority date is said to be current: Spray Foam Equipment and Chemicals. This is not always the case, however when one is not yet married and wants to include the future spouse, for example. Thanks. As mentioned above, labor certification filings are based on a specific job offer. This is essentially where the DOS is when it comes to processing petitions. Green card applicants will be informed by the NVC when they will get current priority dates based on the Visa Bulletins Final Action Dates. Lets get started! 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. My priority date is April 2015 and my I 485 (EB1C India) was filed on April 2019 due to the filing date being current.. Fingerprinting was done shortly after but we got an RFE in July. PD Date is current in DOF but USCIS disallows: You cannot do anything. Final Action Dates: Final action dates are determined by your Green Card category and chargeability area which is your country of origin. This is what makes the date so important. This is due to the fact that some countries submit many more petitions than others. Depending on how the above three numbers vary, you would see movement of the priority dates. youll need to file your I-485 application for adjustment of status within one year of your Final Action Date becoming current (if outside the US, you would need to apply for an immigrant visa within one year). One other question, Do we have to take the medicals again because of the delay in final action dates, even after it was submitted (and accepted without RFE) before the completion of USCIS interview. Once the USCIS receives the petition, that date will be your priority date. Applicants require this information so they can file a Service Request if the Form I . It would then be held until the final . There is no actual time limit governing how long a person could wait to move forward with an I-485 filing. First, when a fiscal year starts in October, Visa Office divides the total annual available Green Card numbers into monthly allotments. -One-page form (PTO/SB/434) filed with After . Najwitszej Maryi Panny Krlowej Polski > Bez kategorii > what happens when final action date is current? Sign and return that note if you wish to accept the loan offer. 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 clarified that if the child applies for a green card under the Dates for Filing chart (prior to the date of visa availability according to the Final Action Dates chart), the child would meet the "sought to acquire" requirement; noting that child applicants who file based on the Dates for Filing chart may not ultimately be eligible for . How Do I Speak to a Live Person at USCIS? If the dates for filing shows as Current or C, then it also means that there is no wait time to apply for visa interview at the US consulate abroad to get immigrant visa. Also, with two dates, US Dept of State would be able to more accurately predict the demand and supply of Green Card numbers. The NVC receives the green card applications after the USCIS approves them. I hmy final action date is current and I had finger print processing in Jan 2021 and got my EAD. Lets look at them. 2. It is helpful knowing it is not necessary to file the I-485 case as soon as the priority date becomes 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. You may have heard of them or you may even be currently waiting for your priority date to be current right now. When can you Apply for H1B Visa Stamping after Petition Approval? If a person does not file in December 2011, therefore, even though s/he could do so, the opportunity is not necessarily lost. . Equipment. Now, the "Date for Filing" determines whether or not you can submit the final immigrant visa application, and the "Final Action Date" indicates whether or not it is expected that an immigrant visa number will be available. I-140 petitions do not expire. Yes. With the layoffs at NBC I dont see it happening anytime soon. 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 . This is not to be confused with a change of status or a transfer of status, which are different processes entirely. On that bulletin, people can see two types of dates: filing date charts and final action date charts. Thus, delaying the I-485 means being tied to the particular employment for a longer duration. Countries that submit fewer petitions than the limit will see their final action dates move forward. 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. Here at VisaNation, we have helped countless people like yourself obtain their green cards. If your priority date is on or before the cutoff date . Historical counts of Denials, Abandonments and withdrawals. . However, that requires that the I-485 remain pending for at least 180 days. The Visa Bulletin is released by the U.S. Department of State every month. 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. This site uses cookies to help personalise content, tailor your experience and to keep you logged in if you register. While she was waiting, she obtained a masters degree in computer science. 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. The first chart, the "Application Final Action Dates" chart will list the priority dates that are current. 2023 VisaNation, Inc. All Rights Reserved. Copyright 1999-document.querySelector("#footer-year").innerHTML=new Date().getFullYear(); immihelp.com. Unfortunately there is way to tell how long it will take. It may be helpful to document the steps the new employer has taken to file a labor certification on behalf of the employee. What is Dates for Filing in Visa Bulletin? Unless the priority date of the applicant is earlier than the visa bulletins listed Final Action Date, no green card can be issued. So what is a priority date? I hope this is not . First Notice of Action (NOA): 1 to 5 weeks. You may notice that the dates for some countries are different from others. AC21 is beyond the scope of this article, but extensive information is available by searching AC21 on www.murthy.com.]. With that, the Indian final action date is finally current, although it's unclear how long-lived this status will be. -Current version of program (AFCP 2.0) available since 2013, now extended through September 30, 2016. My filing date is current for 3+ years now. Did the officer told you that the only reason not to approve was your PD not being current? 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. #workvisa #greencard #ead #485, Go to company page scripps institution of oceanography graduate programs; rosemont seneca advisors website 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. They will also work with US consulates to schedule immigrant visa interview for these applicants based on the final action dates. 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. Oct 2020 bulletin , the filing date for India is Jan 1 2015 for EB3. Also, it doesnt provide any priority dates under the sub-categories level. See below how it looks in a diagram. Thanks. It will help them issue maximum number of Green Cards per year, without wasting them, as per Congress guidance. 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). Also, the NVC will tell applicants that their application is Documentarily complete. These will predict how many Green Cards will be available for the following months until the fiscal year ends. Usually, Dates for Filing are used during the fiscal years first few months, such as October and November. 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. Also, they will help schedule interviews for immigrant visas based on the final action dates by working with the U.S. consulates. Thanks. The Form I-485 processing time is long, and the wait can be difficult. Copyright 2011, MURTHY LAW FIRM. Most of the time, the NVC uses the dates for filing to let immigrant visa applicants know that they should get ready to submit the relevant documentation for their interviews at the U.S. Consulates. Which priority date is current? 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. In many cases, the Date for Filing will be well before the Final Action Date, meaning that the alien applicants . Just keep waiting. Please note: These wait times can change every few weeks as USCIS/DOS receives more applications. What do you think of the way ahead? 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. Assuming you do not have an I-485 pending from your EB3 case, AC21 portability is not really a factor (i.e. Still, after your priority date becomes current in the "Application Final Action Dates" chart, you will have one year to pursue your visa or green card. To get in touch with our office, you can fill out this contact form and schedule a consultation with us today. If you are considering downgrading your petition from EB-2 to EB-3, read THIS ARTICLE. Confirm all security and background checks are completed; 3. 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. Based on current USCIS processing times, an initial application for an H-4 EAD can take up to 8.5 months to be issued. 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. 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. After you file the I-485, you will receive notification that the USCIS has received it. You can use this space to go into a little more detail about your company. This can be a significant risk, particularly in a period of economic instability. Stronger applications get better loan offers. The visa bulletin is made up of four charts: Notably, the employment-based and family-based charts are separated by final action dates and dates for filing.. So the bottom line is LUD never changed since August 05 and suddenly 4 LUD in past 10 days. 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. If there are any exceptions for any month, they will specify them at www.uscis.gov/visabulletininfo to use filing dates. Provide any additional information if required. My father petitioned my brother with a Priority Date of 10/28/2005. That's a wealth of information. To calculate when your priority date may . What if you are unable to file your I-485 application for adjustment of status within one year of your Final Action Date becoming current, such as the situation when you are no longer with the employer that sponsored your labor certification and I-140 petition? HOW TO READ THE VISA BULLETIN // If you're trying to figure out how to read the visa bulletin, this video is for you. 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. 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. 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. Nov 2018 - Package sent - EB - Texas Service Center. . what happens when final action date is current? 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. that are used for detailed allocation. Now I hear this rule applies to I-485 stage as well. There's one twist to the Visa Bulletin. what happens when final action date is current? 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. 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. 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 . 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. How to Apply for H4 EAD? Filing Date vs Final Action Dates: Visa Bulletin? 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 have filed under niw eb2. #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. Learn what others are saying about us on Google, Yelp, and Facebook or visit us at https://www.stilt.com. he doesnt have I140 approved from current employer C yet. This change only applies to office actions issued on . This is where the DOS Visa Bulletin comes into the picture. London TW1 1JT 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. Application Final Action Dates chart (consistent with previous Visa Bulletins) and; . An individual in this situation would need to file an adjustment of status and use the employment authorization (EAD) card received based on that application in order to continue to work. All rights reserved. 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. Youll have to compare your priority date to the final action dates that are posted in the visa bulletin. If you are terminated while both the I-140 and I-485 are pending with USCIS AND employer withdraws I-140 petition. 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. This makes it possible to have more applications ready in the queue to meet the whole years demand. 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 ? 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. tula tungkol sa magsasaka at mangingisda; Someone usually must file an immigrant petition for you (often referred to as. 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. Not affiliated with any government agency. senior housing bloomfield, nj. Usually, if you see Visa Bulletin after the USCIS fiscal year starts after first couple of months(Oct, Nov), USCIS asks everyone to use final action dates. In this post, we will take a look at the final action date vs filing date and analyze their differences. provided the dates are not moved backward.. Whats the prediction going forward at least for EB3 category? 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. here the Filing date, Is this the date of i-485 filing? If they withdraw after 6 months of approval the PD based on that 140 can still be used. Difference Between Final Action Dates & Dates for Filing? How to Check US Visa Status Online? Apply online for the loan amount you need. There was only one chart and one date, which was just called priority date. 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 . If the advancement is an unusual circumstance (such as occurred in the summer of 2007), waiting may be risky, as retrogression is highly likely. A green card cannot be issued unless the applicants priority date is earlier that the Final Action Date listed on the visa bulletin. by | Jul 3, 2022 | small rosary tattoo | Jul 3, 2022 | small rosary tattoo 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. Delaying ones filing can also delay eligibility for promotions and job changes. In the Visa Bulletin, the Dates for Filing or Dates for Filing Application refer to the earliest dates when people who apply for Green Cards are finally allowed to apply for their immigrant visa or green card. This bulletin reveals how many green cards are available for each category and also shows priority dates. Cannot be construed as legal advice. 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 . 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. STEP 2: Once the petition is approved an immigrant visa number is assigned to you. Those with questions regarding case timing and I-485 filings should seek advice from a knowledgeable and qualified immigration attorney. 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. 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. Hi. 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. Speak with your immigration attorney to see if green card porting is appropriate for your case. 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. Once NVC receives all the documents in step 9 and they will mark them as Documentarily Complete. 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. Immediate relatives include: Immigrant visas for immediate relatives of U.S. citizens are unlimited, so they are always available.. Note that, while your priority date is set and does not move, the final action dates change from month to month. 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. Toronto, Ontario M5C 1C4 The reason is, most of the times USCIS receives enough number of applicants to fill the numerical limit of green cards for that year in the first one or two months, so they do not give option for early filing using Filing dates. You can check https://visagrader.com/uscis-processing-times/i-485-eb to know processing times history by location. Is it because of the visa bank and interviews not being scheduled? 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. 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 . Save my name, email, and website in this browser for the next time I comment. Guide How does it work? 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. January 30, 2012. See below screenshot from the same page, where they ask applicants to use Final Action dates for September 2020. USCIS processes all I-485s. Thanks. This date shows what your priority level is according to the Department of State. 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. tui salary cabin crew. The entire prediction process is quite difficult, so many people may not understand it. I hope they become current soon! When you see that your Priority Date is current on the "Dates for Filing . ";s:7:"keyword";s:47:"what happens when final action date is current?";s:5:"links";s:531:"Flavored Water Brands From The 2000s,
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