But what is the difference between them? Also, it doesnt provide any priority dates under the sub-categories level. After you file the I-485, you will receive notification that the USCIS has received it. But, what happens when the immigrant visa finally becomes available and the priority date is current? If Manuel had checked the Bulletin for February of 2023 . Retrogress? Assuming you do not have an I-485 pending from your EB3 case, AC21 portability is not really a factor (i.e. Below are some of the common differences between final action dates and dates for filing applications. No. 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. 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. Citizenship and Immigration Services local field offices are required to undertake the following steps: 1. 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. Well, if you are getting an employment-based green card, you may have heard of having the option to port your green card from one preference level to the next. So what should you do if youre looking at decades of waiting time for your priority date. There are few scenarios on why dates for filing & final action dates move forward or backward. 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. You can find your priority date on the I-797 form mailed by USCIS approving your I-130 petition. Confirm all security and background checks are completed; 3. You can think these dates as if your position in queue has reached the end and you are ready to get the green card. But for your easy understanding, we have tried to simplify it as below. 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. What is Dates for Filing in Visa Bulletin? People with this status are the ones that are reported to the Visa Office by the consulates for predictions for Visa numbers. First, when a fiscal year starts in October, Visa Office divides the total annual available Green Card numbers into monthly allotments. 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. Equipment. Individuals from those countries facing a Green Card backlog are required to wait years, if not decades, for the Visa Bulletin to inform that priority If the job offer is lost or the business shuts down prior to the I-485 filing, the case will end. This behavior seems to be common. 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). 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. You may also watch the YouTube video on Dates of Filing vs Final Action Dates that covers the details in this article. 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. Once NVC receives all the documents in step 9 and they will mark them as Documentarily Complete. Speak with your immigration attorney to learn more. what happens when final action date is current? What happens when Final Action Date is current ? This is essentially where the DOS is when it comes to processing petitions. I hmy final action date is current and I had finger print processing in Jan 2021 and got my EAD. Can his current employer C do something or he has to go back to previous employer A? What happens when an applicant has an EB-2 case pending but subsequently moves to EB-3 for a more advantageous final action date? Categories: Green CardsLive In The USWork In The US, Tags: employment based green cardGreen_Card_Marriagevisa bulletin. When your final action date becomes current, you would see Current or C in the Visa Bulletin. In many cases, the Date for Filing will be well before the Final Action Date, meaning that the alien applicants . When you see that your Priority Date is current on the "Dates for Filing . How do I find out the status? They usually look at their pending applicants count with them and forecast, if they have any shortage of applications. This may prevent the applicant from filing the I-485 when the priority date becomes current. Add your thoughts in comments below. This can be a significant risk, particularly in a period of economic instability. 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. I hope you have received your green card by now! This is not due to any prejudice on the part of the Department of State. If your filing date was current for 3+ years , you would have filed for AOS already right ? 1. CANADA, 5 Kenley Road #workvisa #greencard #ead #485, Go to company page People can find out from www.uscis.gov/visabulletininfo which dates they should use to submit applications for adjustment of status. Watch this thread Start a new thread Add a post. 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 Visa Bulletin is released by the U.S. Department of State. The case may be filed at a later time, as long as all requirements are met at the time of that later filing. Not sure what a priority date means? 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. His previous employer is unable to take him back untill they have a new job for him. https://www.uscis.gov/green-card/green-card-processes-and-procedures/child-status-protection-act-cspa, A doubt about the age calculation in CSPA. It may be helpful to document the steps the new employer has taken to file a labor certification on behalf of the employee. NVC does not process I-485s. From project selection to the final green card, our experienced team assists and advises investors throughout the EB-5 process. Thus, delaying the I-485 means being tied to the particular employment for a longer duration. 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. 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. Is it because of the visa bank and interviews not being scheduled? 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. You do not have a priority date set. Hi, For the purpose of explaining my question lets assume an individuals EB2 priority date is Feb 1, 2010 The Dates for Filing Application for that category is March 1, 2010 The Final Action Dates for that category is December 1, 2009. Could be a few days to several months. Seek new employment if you have remaining H-1B time and file new PERM and I-140. This is the same case with current October 2020 Visa Bulletin as well. If there is a date shown, that's the "cutoff date." Compare that to your priority date. 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. 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. This makes it possible to have more applications ready in the queue to meet the whole years demand. 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. For some, this prevents opportunities for promotions and other career advancement. 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. The determination of the actual monthly final action dates is subject to fluctuations in applicant demand and a number of other variables impacting processing. The Department of State has an annual limit on the number of green cards it distributes to any country from any category (e.g. However, covid has brought special circumstances and filling and final action dates are moving fast for India. The Visa Office (VO) that is part of US Department of State (DOS) handles the green card numbers reporting and prediction. 2. If this is your first visit, be sure to 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? The above final action date projections for the Family and Employment categories indicate what is likely to happen on a monthly basis through January. Stronger applications get better loan offers. How to Check US Visa Status Online? In employment-based green card cases, the entire basis for a case is the employers job offer. This is a great space to write long text about your company and your services. 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. I read that once your final action date becomes current , you are required to file 485 and start final leg of process within 1 year or you risk to loose your spot in priority date queue.This has not been issue in the past as most people would have significant gap between filing date and final action date becoming current. scripps institution of oceanography graduate programs; rosemont seneca advisors website Disclaimer: Website, software platform and administrative support are provided by VisaNation Inc., a Delaware corporation. Note that, while your priority date is set and does not move, the final action dates change from month to month. The good news is that many U.S. employers prefer premium processing, which will expedite the overall processing time. However, there is a catch. 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. Final action dates are the dates that are most commonly used by applications for filing adjustment of status applications with USCIS during rest of the year after first few months. Those with questions regarding case timing and I-485 filings should seek advice from a knowledgeable and qualified immigration attorney. Santosh, Yes, that could be the reason, we do not know for sure. Najwitszej Maryi Panny Krlowej Polski > Bez kategorii > what happens when final action date is current? 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). It is essentially like starting over from scratch. This is because the marriage green card is in a separate category called immediate family. meaning that the priority date must be current. A green card cannot be issued unless the applicant . If a person does not file in December 2011, therefore, even though s/he could do so, the opportunity is not . Usually, Dates for Filing are used during the fiscal years first few months, such as October and November. The Form I-485 processing time is long, and the wait can be difficult. EB-3 green cards to Chinese citizens). Could any gurus explain me what's going on. Your use of this website and our software platform are subject to VisaNation Inc.'s privacy policy and terms of use. These issues should be discussed with an experienced, qualified immigration attorney, who can provide guidance in such matters. The process of prediction is pretty complicated. GUIDE to Travel to US with valid Visa on Expired Passport ? We take a holistic underwriting approach to determine your interest rates and make sure you get the lowest rate possible. Among these is one important series of questions concerning when one must file the adjustment of status (I-485) application. Citadel Securities, Go to company page Once the priority date becomes current the foreign national may apply for their physical green card. To get in touch with our office, you can fill out this contact form and schedule a consultation with us today. You must log in or register to reply here. 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. USCIS processes all I-485s. 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 bulletin reveals how many green cards are available for each category and also shows priority dates. Why do Dates for Filing and Final Action Dates fluctuate? On that bulletin, people can see two types of dates: filing date charts and final action date charts. Furthermore, the Visa Office tends to aggregate the high-level Categories numbers for reporting and prediction, including EB-1, F1, and F2A. One of the most common reasons among MurthyDotCom and MurthyBulletin readers involves marriage plans. There will either be a "C" or a date in the box where your column meets your row. 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. 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. 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) here the Filing date, Is this the date of i-485 filing? 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. 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. PD Date is current in DOF but USCIS disallows: You cannot do anything. Thanks. 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. Which priority date is current? 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. Meanwhile, Final Action Dates show when there are actual available green card numbers for a certain category and country. . I have filed under niw eb2. 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. What should you do with your priority date? Microsoft, Go to company page 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. The first chart, the "Application Final Action Dates" chart will list the priority dates that are current. They can also file applications for green cards with USCIS without having to wait. One of my friend is on H1b Visa and have I-140 approved from previous employer A under Eb2 category. 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. 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. Lets get started! 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. Unfortunately there is way to tell how long it will take. For a better experience, please enable JavaScript in your browser before proceeding. what happens when final action date is current? #2 Final Action Date Chart. Someone usually must file an immigrant petition for you (often referred to as. 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. 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. 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. what happens when final action date is 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. For example, July Visa Bulletin is most likely published between June 10 th and 15 th. what happens when final action date is current? USCIS uses final action dates as the default priority dates asking green card applicants to apply for Adjustment of status. 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.. Because the expiration date of the EAD will be tied to the . 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 . My interview was complete in Oct 2018. CEAC Website, Errors Info. 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. A green card cannot be issued unless the applicants priority date is earlier that the Final Action Date listed on the visa bulletin.