How Do I Speak to a Live Person at USCIS? 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. If your category is current, then you can move forward with adjusting your status or consular processing as soon as your petition has been approved. #1. "C" means "current," in other words, that there is no more wait and you can file your adjustment application now. You must wait until your priority date is current with the final action dates posted by the Department of Homeland Security. The Department of State usually releases new visa bulletin two to three weeks ahead. 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 ? 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. 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. 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. 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? I was kinda excited today when I saw LUD but disappointed after seeing the same finger print messages. Also, with two dates, US Dept of State would be able to more accurately predict the demand and supply of Green Card numbers. 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. I-485 Application to Register Permanent Resident or Adjust Status, H-1B Lottery Rule Changes Could See Reversal, March 2023 Visa Bulletin: Analysis & Predictions, Unmarried children under 21 of U.S. citizens, Parents of U.S. citizens who are at least 21, Widows and widowers of U.S. citizens (provided that the petition was filed within two years of the death of the citizen). The above final action date projections for the Family and Employment categories indicate what is likely to happen on a monthly basis through January. Not sure what a priority date means? Microsoft, Go to company page Among these is one important series of questions concerning when one must file the adjustment of status (I-485) application. If a person does not file in December 2011, therefore, even though s/he could do so, the opportunity is not . Difference between Final Action Dates and Dates for Filing. There was only one chart and one date, which was just called priority date. Things going very interesting for me too. what happens when final action date is current? If you are considering applying for a personal loan, just follow these 3 simple steps. It is essentially like starting over from scratch. Also, this is the Category that is printed on the physical Green Card that is issued to the applicant. #workvisa #greencard #ead #485, Go to company page 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. 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. Refile EB2 i485 or Interfile After EB2 to EB3 Downgrade? - USA - AM22Tech This is because the marriage green card is in a separate category called immediate family. How Do I Know Which USCIS Service Center? Looks like it is going to be a long wait even after the final action date becomes current. If too many people from a single country petition for the same green card in one year, a backlog will build up, and the DOS will process petitions in order of their priority dates. These are the dates the National Visa Center (NVC) uses to notify green card applicants that they can start getting documentarily qualified. All rights reserved. what happens when final action date is current? This site uses cookies to help personalise content, tailor your experience and to keep you logged in if you register. I have filed under niw eb2. The Department of State has an annual limit on the number of green cards it distributes to any country from any category (e.g. It will help them issue maximum number of Green Cards per year, without wasting them, as per Congress guidance. 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. After which, your passport will be taken and then mailed back to you with a green card inside. You can find your priority date on the I-797 form mailed by USCIS approving your I-130 petition. In many cases, the Date for Filing will be well before the Final Action Date, meaning that the alien applicants . All Rights Reserved. October 2021 Visa Bulletin Insight: Retrogression Likely For Some Note that, while your priority date is set and does not move, the final action dates change from month to month. According to the current policy memo guiding adjudications, the clock starts ticking on the 180-day period as soon as the I-485 is appropriately filed with USCIS . what happens when final action date is current?filipino ethnocentrism 5 examples Yes! what happens when final action date is current? 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. Based on current USCIS processing times, an initial application for an H-4 EAD can take up to 8.5 months to be issued. Final Action Dates: Final action dates are determined by your Green Card category and chargeability area which is your country of origin. 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 . While this sounds like an optimal situation and it is technically possible, there are some things to note before getting started. What happens if I filed my I-485 application previously but my priority 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. There is no easy way out, just need to wait for things to get normal. For example, in the Visa Bulletin for September 2019, under the F4 category (Brothers and Sisters of U.S. citizens), the Filing Date Table B Priority Date is 08MAR07 (March 8, 2007) while the Final Action Date Table A Priority Date is 01NOV06 (November 1, 2006). If you are considering downgrading your petition from EB-2 to EB-3, read THIS ARTICLE. The Visa Bulletin is released by the U.S. Department of State every month. There is also a risk of retrogression. Legal services are subject to a separate attorney agreement between VisaNation Law Group PLLC (formerly SGM Law Group PLLC) and you. So what should you do if youre looking at decades of waiting time for your priority date. Having to wait for a green card priority date to be current can be difficult, and you may want to see what your options are when it comes to shortening this waiting time. STEP 2: Once the petition is approved an immigrant visa number is assigned to you. Those who are outside of the U.S. when their priority dates become current may have to wait until they return to the U.S., usually in a dual intent status, such as an H or L. Added to the more common travel and marriage reasons to delay filing I-485s are a host of other scenarios. During h1b transfer, the lawyer of the new company said my h1b could be denied because of this rule. Dates for Filing in Visa Bulletin Explained, Final Action Dates in the Visa Bulletin Explained, given Green Card Category Codes to identify. They can also file applications for green cards with USCIS without having to wait. USCIS is supposed to also enforce it, but I've never heard of a case where it happened. Date For Filing vs. Final Action Date, the Two-Tiered Visa Bulletin Hi , there has not been any movement in the Final action dates for F4 category in October and November. you'll need to file your I-485 application for adjustment of . See below how it looks in a diagram. 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. How to Check US Visa Status Online? Unfortunately, there is no ability to extend an H-1B that is already beyond the six-year limit any further. In order to port your green card to the next level, you must not only obtain the qualifications for the new level, but you must also obtain a new job that requires your new qualifications. 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 there is a date shown, that's the "cutoff date." Compare that to your priority date. The final action date for an oversubscribed category is the priority date of the first applicant who could not be reached within the numerical limits. 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 My Priority Date is Current, Am I Eligible for Additional H-1B Extensions? This is not always the case, however when one is not yet married and wants to include the future spouse, for example. Your child gets CSPA protection only if the date got current in the Final action chart. As such, people who are stuck in the backlog have the opportunity to apply for work authorization and get it much sooner. The Dates for Filing are the earliest dates green card applicants may apply for a green card. Spray Foam Equipment and Chemicals. If you're an immediate relative of a U.S. citizen, you don't need to track the Visa Bulletin. Copyright 1999-document.querySelector("#footer-year").innerHTML=new Date().getFullYear(); immihelp.com. Any exceptions for a certain month will be mentioned in the Visa Bulletin and specified to use filing dates. One of my friend is on H1b Visa and have I-140 approved from previous employer A under Eb2 category. We responded to the RFE in a month and Interview was scheduled in October. May 2022 Visa Bulletin Predictions - Path2USA You must log in or register to reply here. check out the. Would the person risk loosing out filing for GC forever ? No names are reported, but only the counts of applicants with that status at a consulate or embassy are reported. To make it easier for foreign nationals to track their place in line, U.S. 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 Stronger applications get better loan offers. 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. Meanwhile, Final Action Dates show when there are actual available green card numbers for a certain category and country. Green card reporting is taken care of by the Visa Office (VO) part of the U.S. Department of State (DOS). 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 Interview was in December. They can do the interview before the final action date is current . But, what happens when the immigrant visa finally becomes available and the priority date is current? 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. Still Disadvantaged Even When Your Priority Date Becomes Current She is a member of the American Immigration Lawyers Association and Society for Human Resource Management. No action was taken since I wasnt sure if I wanted to continue the petition thru me. When your final action date becomes current, you would see "Current" or "C" in the Visa Bulletin. Disclaimer: Website, software platform and administrative support are provided by VisaNation Inc., a Delaware corporation. We hope this post was helpful in this regard so you can have a smooth application process. I hmy final action date is current and I had finger print processing in Jan 2021 and got my EAD. New, Renewal? 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. London TW1 1JT Answer (1 of 3): Green Card The steps you must take to apply for a Green Card will vary depending on your individual situation. There's one twist to the Visa Bulletin. 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. sell my timeshare now phone number what happens when final action date is current? For each category and for each country, there is a date that is called the final action date. Below are the things that you can do depending on your situation. 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. However, this is not a written rule and the Visa Office may release a new visa bulletin as early as the 8 th, or as late as the 18 th. Because the expiration date of the EAD will be tied to the . 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. Save my name, email, and website in this browser for the next time I comment. A few differences can be seen between the Dates for Filing and Final Action Dates. 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. Lets take a look at the example again: Martha applied for an EB-3 as a software developer. Add your thoughts in comments below. what happens when final action date is current? Background for Dates for Filing & 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. Provide any additional information if required. What do "Dates for Filing" and "Application Filing - Gurfinkel 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. With that, the Indian final action date is finally current, although it's unclear how long-lived this status will be. The date is current in DOF and USCIS allows: You can file i485, i765, and i131. What is the best possible course of action for him thru his current employer C? Sign and return that note if you wish to accept the loan offer. 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 . You do not have a priority date set. 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. Those with questions regarding case timing and I-485 filings should seek advice from a knowledgeable and qualified immigration attorney. This bulletin reveals how many green cards are available for each category and also shows priority dates. When marriage plans are uncertain, it is not uncommon to defer the I-485 filing. 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. Is it possible to continue to extend the H-1B? 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. 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. 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. In fact, if you petitioned for a family-based or employment-based green card, you most certainly have a priority date. 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. I485 applied, what happens if dates retrogress? If an employer waits until the priority date is current to file the H1B extension, there is eligibility for only a one-year extension. It is not like other processing. There is no actual time limit governing how long a person could wait to move forward with an I-485 filing. Hi. CEAC Website, Errors Info. 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. If your application meets the eligibility criteria, the lender will contact you with regard to your application. People with this status are the ones that are reported to the Visa Office by the consulates for predictions for Visa numbers. Could be a few days to several months. I have filed under niw eb2. 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. However, covid has brought special circumstances and filling and final action dates are moving fast for India.If one changes job , new company would start perm and it takes 1.3-1.5 years on an average to get perm approved from join date. 2023 March Madness: Conference tournaments underway, brackets 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). Posted by userkv (15) 4 minutes ago. Legal services are provided by VisaNation Law Group PLLC, a Florida professional limited liability company. Moreover, the job offer must generally continue to exist throughout the life of the case, and it is expected that the foreign national will continue to work in the sponsored employment for a reasonable period following approval of the I-485. PDF After Final Practice and Appeal - Mintz How Do I Know If USCIS Received My Application? Newport Beach, CA 92660, 18 King Street East, Suite 1400 If you have any questions, send us an email at [emailprotected]. 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. Why they move back and forth and how it impacts the priority dates. How long does it take for card approval after PD becomes current (EB1C 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. 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. This is what makes the date so important. Interesting. You may also watch the YouTube video on Dates of Filing vs Final Action Dates that covers the details in this article. 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. Once the priority date becomes current the foreign national may apply for their physical green card. The reports including the total number of immigrant visa applicants are sent to the Visa Office every month. tui salary cabin crew. The entire prediction process is quite difficult, so many people may not understand it. If one changes job , new company would start perm and it takes 1.3-1.5 years on an average to get perm approved from join date. I guess you've got no I-485 RFE ? Make sure to get a copy of 140 from your employer. When can you Apply for H1B Visa Stamping after Petition Approval? There's no way to know exactly when, so . The priority dates that were used before introduction of two separate dates are nothing but the final action dates. 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. All times are GMT-5. 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. If the advancement is an unusual circumstance (such as occurred in the summer of 2007), waiting may be risky, as retrogression is highly likely. This is where the DOS Visa Bulletin comes into the picture. 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. 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. Also, they enable the applicants to submit their important documents and their permanent residence application before the government can approve it. 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. Youll have to compare your priority date to the final action dates that are posted in the visa bulletin. . what happens when final action date is current? There are few scenarios on why dates for filing & final action dates move forward or backward. 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 . Parafia pw. However, covid has brought special circumstances and filling and final action dates are moving fast for India. Adjustment of Status Timeline - RapidVisa Also, Visa Bulletins after the first few months of the USCIS fiscal year will tell everyone to use final action dates. 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. Instead, you can contact the NVC and ask for the appropriate instructions. 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. Many applicants want to file on the first day of the month in which their priority dates become current. 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.
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