what happens when final action date is current?

Did the officer told you that the only reason not to approve was your PD not being current? If the current H-1B expires before the EAD card is received, the individual will no longer be authorized to work until the EAD card is received. 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. Unfortunately there is way to tell how long it will take. This makes it possible to have more applications ready in the queue to meet the whole years demand. 2023 Murthy Law Firm. 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. All Rights Reserved. To calculate when your priority date may . I agree. 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. If one is able to overcome the reasons for the denial, typically through an appeal or a motion to reopen, s/he (and all dependent family members) may be able to file the I-485 at a later time. Where the adjustment of status could not be filed because the H-1B worker is no longer with the original sponsor, it will be up to the discretion of USCIS to decide whether this qualifies as a circumstance beyond the workers control in order to grant a one-year H-1B extension. Applicants require this information so they can file a Service Request if the Form I . 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 case may be filed at a later time, as long as all requirements are met at the time of that later filing. 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. How Do I Know If USCIS Received My Application? 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 happens when an applicant has an EB-2 case pending but subsequently moves to EB-3 for a more advantageous final action date? I am now waiting for the perm approval in my curret company. Thanks Nagesh. Copyright 1999-document.querySelector("#footer-year").innerHTML=new Date().getFullYear(); immihelp.com. Also, this is the Category that is printed on the physical Green Card that is issued to the applicant. 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. Depending on how the above three numbers vary, you would see movement of the priority dates. As you read from above, there are many factors considered for prediction of the green card applications required to meet the numerical limit. If this is your first visit, be sure to If they withdraw after 6 months of approval the PD based on that 140 can still be used. USCIS allows green card applicants inside US to apply for adjustment of Status to get Green Card, when their priority date is current. It is necessary to be in the United States in order to file the I-485. mcgilley state line obituaries. Hello, I am in India right now, my priority date is on 2010 October-EB2, i could not file my 485 now, do i loose the change to file ? For others, it could be risky, potentially causing them to lose the opportunity for a long time. The reports including the total number of immigrant visa applicants are sent to the Visa Office every month. 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. But at the same time, I don't want to miss the priority date of Dec 2008 and also would like to receive the GC without any issues. New, Renewal? with 15 years of experience practicing US immigration law providing services to U.S. businesses and multinational corporations. How Do I Speak to a Live Person at USCIS? My Priority Date is Current, Am I Eligible for Additional H-1B Extensions? 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. A green card cannot be issued unless the applicants priority date is earlier that the Final Action Date listed on the visa bulletin. 2. 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. The applicants with status of Documentary complete are the ones that consulates report to Visa Office for Visa number predictions. It will help them issue maximum number of Green Cards per year, without wasting them, as per Congress guidance. 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). You do not have a priority date set. This page was generated at 05:29 PM. it deals with people transferring employers after an I-485 has been pending for at least 180 days.) Furthermore, the Visa Office tends to aggregate the high-level Categories numbers for reporting and prediction, including EB-1, F1, and F2A. Your use of this website and our software platform are subject to VisaNation Inc.'s privacy policy and terms of use. 2023 Berardi Immigration Law. Hi. This is a great space to write long text about your company and your services. Your name check needs be cleared by the time they take your I-485 file. So , in order to best utilize this opportunity to get his greencard and EAD, what would be suggested course of action for him? 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. What is the best possible course of action for him thru his current employer C? 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. It may be many years before her priority date is current. Learn what others are saying about us on Google, Yelp, and Facebook or visit us at https://www.stilt.com. Also, they get the number of pending applications of adjustment of status from USCIS. However, here is the general application process that most applicants will go through: 1. The Visa Bulletin is released by the U.S. Department of State every month. We hope this post was helpful in this regard so you can have a smooth application process. Once your date becomes current USCIS will take all the I-485 that became current (from oct01-mar02) and then they will start processing based on the 485 receipt date. The 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 CAA, SoCon and Summit League are . 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. 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 ? When marriage plans are uncertain, it is not uncommon to defer the I-485 filing. Anxiety prevails among those about to file after waiting for years. 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. 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. 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) Lets look at them. There's no way to know exactly when, so . The priority date doesn't matter because there is no annual limit in your category. 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. . All Rights Reserved, In a consultation, an attorney can provide answers to your questions, or you may engage our firm for your immigration process. Lets review, what they mean for NVC, Consulates and USCIS. For H-1B workers who have been subject to per-country visa limitations and unable to file an application to adjust status (I-485), you are probably familiar with the ability to continue to extend H-1B status beyond the six-year limit in three-year increments based on your approved I-140 immigrant petition. IMPORTANT UPDATE: There is a significant advancement of Priority Dates in EB-3 India category in October 2020VISA BULLETIN. In this post, we will take a look at the final action date vs filing date and analyze their differences. What if the labor certification was filed less than 365 days before the six year limit was reached and the priority date is now current? 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. 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. Guide How does it work? So, you will have to wait until the final action date matches or passes your priority date before you can . Looks like it is going to be a long wait even after the final action date becomes current. Copyright 2011, MURTHY LAW FIRM. This is beneficial because it can allow foreign nationals who are stuck in the backlog to apply for and obtain work authorization much sooner than if they had to wait for the priority date to be current under the relevant Final Action Date. Things going very interesting for me too. Parafia pw. Sooner or later, your Priority Date will become currentin other words, you will finally see a later date, or the letter "C" on the "Dates for Filing" Visa Bulletin chart. There is no easy way out, just need to wait for things to get normal. 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. While it is permissible to file the I-485 as soon as one's priority date becomes current, this is not a requirement. Also, Visa Bulletins after the first few months of the USCIS fiscal year will tell everyone to use final action dates. 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. Oct 2020 bulletin , the filing date for India is Jan 1 2015 for EB3. Adjusting status to a lawful permanent resident of the United States is a big step! This is what makes the date so important. US Department of State introduced the concept of Final Action Dates and Dates for Filing only from October 2015 Visa Bulletin. My interview was October 31st 2018 until this moment my status still remains at interview was scheduled i called them so many times and they would not give me any information. For a better experience, please enable JavaScript in your browser before proceeding. 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. "C" means "current," in other words, that there is no more wait and you can file your adjustment application now. This is an important date because once the immigrant visa number is available, the foreign nationals physical green card can be issued. 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). Please note: These wait times can change every few weeks as USCIS/DOS receives more applications. One of the most common reasons among MurthyDotCom and MurthyBulletin readers involves marriage plans. Submit the required documentation and provide your best possible application. I-140s that are sent to the State Department for consular processing purposes are held at the National Visa Center (NVC), Most decent employers never withdraw 140. How Do I Know Which USCIS Service Center? Provide any additional information if required. Is it because of the visa bank and interviews not being scheduled? Legal services are subject to a separate attorney agreement between VisaNation Law Group PLLC (formerly SGM Law Group PLLC) and you. Immediate relatives include: Immigrant visas for immediate relatives of U.S. citizens are unlimited, so they are always available.. Citadel Securities, Go to company page 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. Also, similarly one can file green card applications with USCIS without waiting. 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 . @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 ? . For example, below is what was used in October 2020, where it says to use Dates for Filing. Not affiliated with any government agency. 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. Citizenship and Immigration Services (USCIS) will not adjudicate your case until your priority date becomes current again. Thanks. On the Stilt Blog, I write about the complex topics like finance, immigration, and technology to help immigrants make the most of their lives in the U.S. Our content and brand have been featured in Forbes, TechCrunch, VentureBeat, and more. Because the expiration date of the EAD will be tied to the . 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. Not yet. There are, however, overall risks in waiting for greatly extended periods of time, as explained below. No. There is no timeline. Why is your priority date important? Which priority date is current? We will update this table when we receive more data from USCIS/DOS. 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. There is also a risk of retrogression. Thank you indian_ocean. 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. Below are the things that you can do depending on your situation. 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. Usually, you see USCIS ask applicants to use Dates for Filing in the beginning months of the Fiscal year start (October, November). 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. 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. In order to port her EB-3 status to EB-2, she will need to either be promoted to a higher position that requires her masters degree or she will need to find a new job that requires the degree. If a person does not file in December 2011, therefore, even though s/he could do so, the opportunity is not . The Department of State has an annual limit on the number of green cards it distributes to any country from any category (e.g. This is essentially where the DOS is when it comes to processing petitions. 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. 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. 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. Delaying ones filing can also delay eligibility for promotions and job changes. Unfortunately It's in Uscis hands. The entire prediction process is quite difficult, so many people may not understand it. After which, your passport will be taken and then mailed back to you with a green card inside. JavaScript is disabled. 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. tula tungkol sa magsasaka at mangingisda; US Department of State publishes the Visa Bulletin every month that summarizes the green card numbers availability by category and movement of priority dates. 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. Another provision of AC21 may allow continued extensions of H-1B status in one-year increments according to Section 106(b). what happens when final action date is current? While this sounds like an optimal situation and it is technically possible, there are some things to note before getting started. The National Visa Center (NVC) uses these dates to let green card applicants know that they can finally start getting qualified documentarily. 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. what happens when final action date is current? The priority date is earlier (before) the final action date. There are few scenarios on why dates for filing & final action dates move forward or backward. See below screenshot from the same page, where they ask applicants to use Final Action dates for September 2020. 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. Stronger applications get better loan offers. If priority date becomes current within first 1-2 months of joining company , is that a lost opportunity for that individual ? With the July 2020 bulletin out, Im excited to see how India EB1 final action dates are progressing. 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. Once the USCIS receives the petition, that date will be your priority date. When my father died in 2013, I reported to my lawyer and I dont know now what the lawyer did. The first route is called adjustment of status. Toronto, Ontario M5C 1C4 Here at VisaNation, we have helped countless people like yourself obtain their green cards. dave chappelle: the closer vinyl. It has two charts: "Final Action Dates for Employment-Based Preference Cases" and "Dates for Filing of Employment-Based Visa Applications." 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. Instead, you can contact the NVC and ask for the appropriate instructions. 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. It is the day that the USCIS receives your green card petition. 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. At the heart of our firm is a focus on client relationships, responsiveness, and our deep commitment to helping you or your corporation achieve the goal of living or working in the U.S. 4299 MacArthur Boulevard Background for Dates for Filing & Final Action Dates. Everyone from that specific country and category can file for their green card and enjoy quick processing. You can check https://visagrader.com/uscis-processing-times/i-485-eb to know processing times history by location. Could any gurus explain me what's going on. I hope they become current soon! This may prevent the applicant from filing the I-485 when the priority date becomes current. Santosh, Yes, that could be the reason, we do not know for sure. 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. Posted by userkv (15) 4 minutes ago. Dates for Filing refers to the earliest dates that a green card applicant may apply for their green card. Altho all cases are different. 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. 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. 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. Difference Between Final Action Dates & Dates for Filing? My interview was complete in Oct 2018. Age at Time of Visa Availability Pending Time = CSPA Age Approval Date Filing Date = Pending Time. 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. This is not always the case, however when one is not yet married and wants to include the future spouse, for example. It may be helpful to document the steps the new employer has taken to file a labor certification on behalf of the employee. 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 . 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. Lets get started! We responded to the RFE in a month and Interview was scheduled in October. Meanwhile, Final Action Dates show when there are actual available green card numbers for a certain category and country. For each category and for each country, there is a date that is called the final action date. Below are some of the common differences between final action dates and dates for filing applications. Emily Neumann is Managing Partner at Reddy & Neumann, P.C. Can his current employer C do something or he has to go back to previous employer A?