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Lets look at them. How to Apply for a U.S. Passport: A Step-by-Step Guide, PERM Process & Equal Pay Transparency Laws, Its Not Too Late for the H-1B Visa Lottery, USCIS Extends Green Card Validity for Conditional Permanent Residents with a Pending Form I-751, Process Update for Labor Enforcement Investigations, The Truth About Deferred Prosecution & Crossing The Canadian Border, Our Community Involvement: Luxury Purse Bingo, New Designs Roll Out for Green Cards & Employment Authorization Documents. Final Action Date vs Filing Date - Things You Should Know - Stilt Blog Hi , there has not been any movement in the Final action dates for F4 category in October and November. The case may be filed at a later time, as long as all requirements are met at the time of that later filing. 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. When Will Your Priority Date Become Current? | Nolo 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. Berardi Immigration Laws award-winning immigration lawyers bring experience and knowledge to your immigration case with a personal touch. what happens when final action date is current? what happens when final action date is current? Historically priority date and final action dates have been close together so people have not been stuck in Step 1.5 for long; but this abrupt 5 year advancement in filing dates have also never . Unless the priority date of the applicant is earlier than the visa bulletins listed Final Action Date, no green card can be issued. Ruchi, There is no shortcut, he has to get the PERM done with C. Can you also analyze the proposed changes related to Duration of Status for F1 visa Particularly its impact on OPT and STEM OPT extensions https://www.insidehighered.com/news/2020/09/25/trump-administration-proposes-major-overhaul-student-visa-rules. Based on current USCIS processing times, an initial application for an H-4 EAD can take up to 8.5 months to be issued. how long does it take to get the gc after priority date is C. Like this thread 0 0. If there are any exceptions for any month, they will specify them at www.uscis.gov/visabulletininfo to use filing dates. 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. 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. #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. Six conference tournaments will be in action Friday as the weekend arrives and we get closer to seeing the first automatic bids to the NCAA Tournament secured. If the advancement is an unusual circumstance (such as occurred in the summer of 2007), waiting may be risky, as retrogression is highly likely. How to Check US Visa Status Online? If you're an immediate relative of a U.S. citizen, you don't need to track the Visa Bulletin. All Rights Reserved. Toronto, Ontario M5C 1C4 what happens when final action date is current? There is no easy way out, just need to wait for things to get normal. Posted by userkv (15) 4 minutes ago. Green Card Wait Time - Check Priority Date - Mygcvisa Im a firm believer that information is the key to financial freedom. It may be many years before her priority date is current. Date For Filing vs. Final Action Date, the Two-Tiered Visa Bulletin The entire prediction process is quite difficult, so many people may not understand it. Final Action Dates or Application Final Action Dates refer to the dates when the green card numbers will be available for a particular country and category. UNITED KINGDOM. B1/B2, H1, F1? Historical counts of Denials, Abandonments and withdrawals. Below are the things that you can do depending on your situation. what happens when final action date is current? Background for Dates for Filing & Final Action Dates. Visa Bulletin: Final Action Date, Cut Off and Predictions | Immigration New deadline to respond to office actions for trademark applications As mentioned above, labor certification filings are based on a specific job offer. Also, if you are in the process of considering petitioning for a green card, the idea of having to wait decades could be terrifying. Both routes can be advantageous based on your situation. 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. In employment-based green card cases, the entire basis for a case is the employers job offer. Unfortunately It's in Uscis hands. My father petitioned my brother with a Priority Date of 10/28/2005. USCIS Clarifies Age Determination & "Sought to - Meltzer Hellrung 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). CANADA, 5 Kenley Road This is the same case with current October 2020 Visa Bulletin as well. At that appointment, you will have your biometrics taken, you will submit a DS-260 application, and you will go through a one-on-one interview with a consular officer. If you are terminated while both the I-140 and I-485 are pending with USCIS AND employer withdraws I-140 petition. Our attorney said that if the priority date was not current they usually do that. Se (re)sentir chez soi; Des proches rassurs; Rester actif rester vivant; RSIDENCES SENIORS. Confirm all security and background checks are completed; 3. Guide How does it work? It is not like other processing. In cases, where they believe they do not have enough applications to fill the total numerical limit by end of fiscal year( next year September), they will ask green card applicants to use Dates for Filing to submit the adjustment of status applications. I-140 and I-485 - Klasko Immigration Law Partners, LLP 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 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. While it is permissible to file the I-485 as soon as one's priority date becomes current, this is not a requirement. This is not always the case, however when one is not yet married and wants to include the future spouse, for example. Just keep waiting. 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. If they withdraw after 6 months of approval the PD based on that 140 can still be used. 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. If the job offer is lost or the business shuts down prior to the I-485 filing, the case will end. This is because the marriage green card is in a separate category called immediate family. How long does it take for card approval after PD becomes current (EB1C Copyright 1999-document.querySelector("#footer-year").innerHTML=new Date().getFullYear(); immihelp.com. The first chart, the "Application Final Action Dates" chart will list the priority dates that are current. This bulletin reveals how many green cards are available for each category and also shows priority dates. but, they will 'hold off' on issuing an approval until it becomes current. These will predict how many Green Cards will be available for the following months until the fiscal year ends. 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. 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. What are Final Action Dates in Visa Bulletin? 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. See below screenshot from USCIS Visa Bulletin filings charts webpage, where they ask applicants what date to use in a particular month. These are the dates the National Visa Center (NVC) uses to notify green card applicants that they can start getting documentarily qualified. 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 is an important date because once the immigrant visa number is available, the foreign nationals physical green card can be issued. Categories: Green CardsLive In The USWork In The US, Tags: employment based green cardGreen_Card_Marriagevisa bulletin. So, you will have to wait until the final action date matches or passes your priority date before you can . These were all introduced as part of Obama plan for modernizing legal immigration in 2015. From filing the petition and fees to dealing with Requests for Evidence and facilitating green card porting, VisaNation law group lawyers are here to take the stress out of your immigration process. Microsoft, Go to company page There is no actual time limit governing how long a person could wait to move forward with an I-485 filing. During h1b transfer, the lawyer of the new company said my h1b could be denied because of this rule. What do "Dates for Filing" and "Application Filing - Gurfinkel 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. Note that, while your priority date is set and does not move, the final action dates change from month to month. If your filing date was current for 3+ years , you would have filed for AOS already right ? Still Disadvantaged Even When Your Priority Date Becomes Current Copyright 2011, MURTHY LAW FIRM. 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. Once NVC receives all the documents in step 9 and they will mark them as Documentarily Complete. USCIS is supposed to also enforce it, but I've never heard of a case where it happened. tula tungkol sa magsasaka at mangingisda; meaning that the priority date must be current. Qualified Immigrant Visa Applicants count received from US Consulates, Pending Adjustment of Status applicants count received from USCIS. If there is a date shown, that's the "cutoff date." Compare that to your priority date. New, Renewal? The Department of State has an annual limit on the number of green cards it distributes to any country from any category (e.g. Learn what others are saying about us on Google, Yelp, and Facebook or visit us at https://www.stilt.com. 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. Refile EB2 i485 or Interfile After EB2 to EB3 Downgrade? - USA - AM22Tech You may notice that the dates for some countries are different from others. The priority dates moved!! Now what?? - Medium Why do Dates for Filing and Final Action Dates fluctuate? Current Priority Date - U.S. Embassy in Bangladesh What happens after my priority date becomes current? Hi. I-140 petitions do not expire. How to File I-140 & I-485 To Speed Up The Green Card Process | AllLaw 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. 1. There are, however, overall risks in waiting for greatly extended periods of time, as explained below. My interview was complete in Oct 2018. Because the number of green card applicants generally exceeds the available immigrant visas, foreign nationals are given priority dates when an initial immigrant petition or labor certification is filed. 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'. #workvisa #greencard #ead #485, Go to company page What should you do with your priority date? Also, Visa Bulletins after the first few months of the USCIS fiscal year will tell everyone to use final action dates. what happens when final action date is current? While it is permissible to file the I-485 as soon as ones priority date becomes current, this is not a requirement. 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. In many cases, the Date for Filing will be well before the Final Action Date, meaning that the alien applicants . Difference between Final Action Dates and Dates for Filing. Also, they enable the applicants to submit their important documents and their permanent residence application before the government can approve it. His previous employer is unable to take him back untill they have a new job for him. We hope this post was helpful in this regard so you can have a smooth application process. 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. See below how it looks in a diagram. Speak with your immigration attorney to see if green card porting is appropriate for your case. Would the person risk loosing out filing for GC forever ? Lets review, what dates for filing mean for NVC, Consulates and USCIS. 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. 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. With that, the Indian final action date is finally current, although it's unclear how long-lived this status will be. Did the officer told you that the only reason not to approve was your PD not being current? Add your thoughts in comments below. Depending on the month of the year and movement of priority dates, USCIS suggests which charts to use for filing adjustment of status. File H1B Extension Before Priority Date Becomes Current For others, it could be risky, potentially causing them to lose the opportunity for a long time. 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. 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. One of my friend is on H1b Visa and have I-140 approved from previous employer A under Eb2 category. 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. 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. by | Jul 3, 2022 | small rosary tattoo | Jul 3, 2022 | small rosary tattoo What happens when Final Action Date is current ? I filed an SR online recently and got this response (in case anyone else is thinking of doing the same): What is a normal processing times from USCIS standpoint. I hmy final action date is current and I had finger print processing in Jan 2021 and got my EAD. You can think these dates as if your position in queue has reached the end and you are ready to get the green card. This page was generated at 05:29 PM. here the Filing date, Is this the date of i-485 filing? Now you need to set up your repayment method. Applicants require this information so they can file a Service Request if the Form I . How do I find out the status? No the office didn't say anything. Numerous questions have been generated by movement of the EB2 cutoff date for India and China, as reflected in the U.S. Department of State (DOS) visa bulletin during the early portion of fiscal year 2012 (FY12). Also, they will help schedule interviews for immigrant visas based on the final action dates by working with the U.S. consulates. The Visa Bulletin- Final Action Dates versus Dates for Filing On that bulletin, people can see two types of dates: filing date charts and final action date charts. 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. Usually, you see USCIS ask applicants to use Dates for Filing in the beginning months of the Fiscal year start (October, November). First Notice of Action (NOA): 1 to 5 weeks. 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. Parafia pw. 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 . This is not to be confused with a change of status or a transfer of status, which are different processes entirely. My Priority Date is Current, Am I Eligible for Additional H-1B Answer (1 of 3): Green Card The steps you must take to apply for a Green Card will vary depending on your individual situation. Countries that submit fewer petitions than the limit will see their final action dates move forward. What is the best possible course of action for him thru his current employer C? Anyone waiting to receive an employment-based or family-based green card is likely already familiar with the visa bulletin. People can find out from www.uscis.gov/visabulletininfo which dates they should use to submit applications for adjustment of status. This site uses cookies to help personalise content, tailor your experience and to keep you logged in if you register. Hire Us. 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. Instead, you can contact the NVC and ask for the appropriate instructions. The Interview was in December. 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). I hmy final action date is current and I had finger print processing in Jan 2021 and got my EAD. 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. PD Date is current in DOF but USCIS disallows: You cannot do anything. Once the USCIS receives the petition, that date will be your priority date. Could be a few days to several months. . You must log in or register to reply here. This makes it possible to have more applications ready in the queue to meet the whole years demand. Furthermore, the Visa Office tends to aggregate the high-level Categories numbers for reporting and prediction, including EB-1, F1, and F2A. 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. that are used for detailed allocation. When your final action date becomes current, you would see Current or C in the Visa Bulletin. check out the. To get in touch with our office, you can fill out this contact form and schedule a consultation with us today. We will update this table when we receive more data from USCIS/DOS. 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. This is essentially where the DOS is when it comes to processing petitions. All Rights Reserved. immihelp.com is private non-lawyer web site. Detailed Green Card Wait Time: Based on March 2023 data from USCIS/DOS, please see below current wait time for both EB and FB categories. They can do the interview before the final action date is current . Biometrics? For a visa to be available, the applicant's priority date must be prior to the Final Action Date listed on the applicable section of the visa bulletin. 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 . If ones case is delayed, and the cutoff dates retrogress, the individual then will have to wait until his/her priority date is current again. what happens when final action date is current? Priority Date: Current, Retrogressed, or Doesn't Matter? 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. Visa Bulletin (Priority Dates) - Adhikari Law PLLC 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 your application meets the eligibility criteria, the lender will contact you with regard to your application. I have read a couple of posts from people that said that took up to 3 months after PD became current. The priority date is earlier (before) the final action date. On the other hand, when cutoff dates are moving forward routinely, there is less likelihood of significant and extended retrogression. Anxiety prevails among those about to file after waiting for years. In general, each of these high-level categories has many sub-categories that are identified by Green Card Category Codes like E11, E12, IR1, etc. If this is your first visit, be sure to You may also watch the YouTube video on Dates of Filing vs Final Action Dates that covers the details in this article. They usually look at their pending applicants count with them and forecast, if they have any shortage of applications. Your name check needs be cleared by the time they take your I-485 file. If you are considering downgrading your petition from EB-2 to EB-3, read THIS ARTICLE. AC21 Job Change if Priority Date may Become Current Dates of filing are used mainly during the first few months of the fiscal year start like in October, November to get more applications in pipeline for meeting the demand for the entire year. If priority date becomes current within first 1-2 months of joining company , is that a lost opportunity .