[There is an exception to this under the American Competitiveness in the Twenty First Century Act (AC21). Difference between Final Action Dates and Dates for Filing. 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. Our experience suggests that very often an I-485 application will be adjudicated (approved) or issued a request for evidence (if required) within two to four . So what should you do if youre looking at decades of waiting time for your priority date. Because the expiration date of the EAD will be tied to the . A green card cannot be issued unless the applicants priority date is earlier that the Final Action Date listed on the visa bulletin. Questions such as this, about delaying the I-485 filing, are addressed here for the benefit of MurthyDotCom and MurthyBulletin readers. USCIS informs public at www.uscis.gov/visabulletininfo on what dates to use for submitting adjustment of status applications. Thanks. While it is permissible to file the I-485 as soon as ones priority date becomes current, this is not a requirement. 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 ? IMPORTANT UPDATE: There is a significant advancement of Priority Dates in EB-3 India category in October 2020VISA BULLETIN. 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. Guide How does it work? 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. Retrogress? But, what happens when the immigrant visa finally becomes available and the priority date is current? The CAA, SoCon and Summit League are . You must wait until your priority date is current with the final action dates posted by the Department of Homeland Security. Application Final Action Dates chart (consistent with previous Visa Bulletins) and; . This is not to be confused with a change of status or a transfer of status, which are different processes entirely. 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. 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. 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. what happens when final action date is current? what happens when final action date is current? If priority date becomes current within first 1-2 months of joining company , is that a lost opportunity . The Chinese final action date has advanced by one week to July 22, 2015, and the Vietnamese date by three weeks to May 15, 2017, but the Indian final action date has moved forward by a staggering seven months from January 1, 2020. This is a great space to write long text about your company and your services. Depending on the month of the year and movement of priority dates, USCIS suggests which charts to use for filing adjustment of status. nagesh, This totally depends on the location, if you have already submitted medicals and if they would call for an interview. See below how it looks in a diagram. His previous employer is unable to take him back untill they have a new job for him. Depending upon the movement of the cutoff dates, and any other delays or problems that arise in the I-485 case, this means that it may be necessary to file the H1B extension again in just one year. You can find your priority date on the I-797 form mailed by USCIS approving your I-130 petition. We take a holistic underwriting approach to determine your interest rates and make sure you get the lowest rate possible. This site uses cookies to help personalise content, tailor your experience and to keep you logged in if you register. Cannot be construed as legal advice. Also, this is the Category that is printed on the physical Green Card that is issued to the applicant. How to Apply for H4 EAD? Your name check needs be cleared by the time they take your I-485 file. No action was taken since I wasnt sure if I wanted to continue the petition thru me. US Department of State publishes the Visa Bulletin every month that summarizes the green card numbers availability by category and movement of priority dates. January 30, 2012. If the advancement is an unusual circumstance (such as occurred in the summer of 2007), waiting may be risky, as retrogression is highly likely. If your green card priority date has matched or passed the final action date given in your category for your country on the visa bulletin (or if your category has a C on it instead of a date), then there are two routes that may be available to you depending on your situation. 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 . Medallia. 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. I would like to know if I really need to have an attorney by my side to help in this process or I can do it myself ? If you meet these requirements, you may continue to extend your H-1B status in one-year increments until a final decision is made to approve or deny your pending I-485 application. Could be a few days to several months. Adjustment of status is only available to those that are already in the U.S. under a nonimmigrant visa status (such as an H-1B, L-1, or K-1 visa). This will help you better understand how the Dates for Filing and Final Action Dates movement in next sections. 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). . 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. 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. 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. If you see below chart of Immigrant Visa Process, the steps from Step 2 to Step 9 are done by NVC for applicants who are applying for Green Card (immigrant visa) from outside of US. Conduct the adjustment of status interview; 2. 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. 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. On that bulletin, people can see two types of dates: filing date charts and final action date charts. Stronger applications get better loan offers. The dates of filing may also be used by USCIS asking Green Card applicants in US to submit applications for Adjustment of Status. How VisaNation Law Group Attorneys Can Help. "C" means "current," in other words, that there is no more wait and you can file your adjustment application now. PD Date is current in DOF but USCIS disallows: You cannot do anything. This is essentially where the DOS is when it comes to processing petitions. The priority dates that were used before introduction of two separate dates are nothing but the final action dates. No names are reported, but only the counts of applicants with that status at a consulate or embassy are reported. 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. Both routes can be advantageous based on your situation. 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. My interview was complete in Oct 2018. For example, below is what was used in October 2020, where it says to use Dates for Filing. This is not due to any prejudice on the part of the Department of State. Provide any additional information if required. The priority date represents the foreign nationals place in line for a green card. Green card applicants will be informed by the NVC when they will get current priority dates based on the Visa Bulletins Final Action Dates. 2. This is essentially where the DOS is when it comes to processing petitions. Could any gurus explain me what's going on. Usually, you see USCIS ask applicants to use Dates for Filing in the beginning months of the Fiscal year start (October, November). This is where the DOS Visa Bulletin comes into the picture. 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). Parafia pw. sell my timeshare now phone number what happens when final action date is current? The first chart, the "Application Final Action Dates" chart will list the priority dates that are current. There is also a risk of retrogression. how long does it take to get the gc after priority date is C. Like this thread 0 0. In this case, can the applicant (through their employer) submit their I-485 applications because their priority date is current based on Dates for Filing Application ? Historical counts of Denials, Abandonments and withdrawals. It is not like other processing. 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. One of the most common reasons among MurthyDotCom and MurthyBulletin readers involves marriage plans. Submit the required documentation and provide your best possible application. UNITED KINGDOM. I485 applied, what happens if dates retrogress? This is what makes the date so important. Najwitszej Maryi Panny Krlowej Polski > Bez kategorii > what happens when final action date is current? It will all be based on the: The priority dates will keep changing depending on how the numbers of the three counts listed above vary. As you read from above, there are many factors considered for prediction of the green card applications required to meet the numerical limit. JavaScript is disabled. I hope you have received your green card by now! 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. Categories: Green CardsLive In The USWork In The US, Tags: employment based green cardGreen_Card_Marriagevisa bulletin. Final Action Dates: Final action dates are determined by your Green Card category and chargeability area which is your country of origin. This makes it possible to have more applications ready in the queue to meet the whole years demand. Hi , there has not been any movement in the Final action dates for F4 category in October and November. Thanks. Anyone knows how lawyers recommend handling this situation? 1. Sign and return that note if you wish to accept the loan offer. GUIDE to Travel to US with valid Visa on Expired Passport ? I-485 Issues Common to All Services Centers, Visa Bulletin and Priority Dates Retrogression Iss. 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. I-485 application. EB-3 green cards to Chinese citizens). Many applicants want to file on the first day of the month in which their priority dates become current. Copyright 1999-document.querySelector("#footer-year").innerHTML=new Date().getFullYear(); immihelp.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. 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. Also, similarly one can file green card applications with USCIS without waiting. When marriage plans are uncertain, it is not uncommon to defer the I-485 filing. 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. For one, it is not porting in the sense that all of your forms and information will simply be transferred to another green card preference level. These will predict how many Green Cards will be available for the following months until the fiscal year ends. They can also file applications for green cards with USCIS without having to wait. You may also watch the YouTube video on Dates of Filing vs Final Action Dates that covers the details in this article. I would like to know if anyone's I-485 application with Dallas FO after transfer from NBC to Dallas Fo on July 20th. Here at VisaNation, we have helped countless people like yourself obtain their green cards. 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. 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. New, Renewal? Lets take a look at the example again: Martha applied for an EB-3 as a software developer. That's great! I hmy final action date is current and I had finger print processing in Jan 2021 and got my EAD. This change only applies to office actions issued on . Your personal information is protected by our Privacy Policy. How Do I Know Which USCIS Service Center? 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. 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. When your priority date becomes current in that present month's Visa Bulletin, you are then eligible for either adjustment of status or to pursue your immigrant visa abroad. 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). 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. A few differences can be seen between the Dates for Filing and Final Action Dates. When will the National Benefits Center begin reporting Form I-485 processing times? If there are any exceptions for any month, they will specify them at www.uscis.gov/visabulletininfo to use filing dates. The good news is that many U.S. employers prefer premium processing, which will expedite the overall processing time. What it means is that you can go ahead and apply for the next steps to get your green card and there is no wait time. 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. You must log in or register to reply here. you'll need to file your I-485 application for adjustment of . Stilt is committed to helping immigrants build a better financial future. If an employer waits until the priority date is current to file the H1B extension, there is eligibility for only a one-year extension. I have read a couple of posts from people that said that took up to 3 months after PD became current. So, Is my filing date Oct 2020 ?? In reality, your employer will need to file an completely new petition, fees, and obtain a new PERM Labor Certification on your behalf. 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. If the job offer is lost or the business shuts down prior to the I-485 filing, the case will end. Delaying ones filing can also delay eligibility for promotions and job changes. 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 you see that your Priority Date is current on the "Dates for Filing . 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, if you are in the process of considering petitioning for a green card, the idea of having to wait decades could be terrifying. Everyone from that specific country and category can file for their green card and enjoy quick processing. Below are the things that you can do depending on your situation. 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. 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 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. This is not always the case, however when one is not yet married and wants to include the future spouse, for example. what happens when final action date is current? The Visa Office (VO) that is part of US Department of State (DOS) handles the green card numbers reporting and prediction. . 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 . Can his current employer C do something or he has to go back to previous employer A? If you are terminated while both the I-140 and I-485 are pending with USCIS AND employer withdraws I-140 petition. Not yet. This is a process by which you can adjust your status from nonimmigrant to immigrant. 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. My father petitioned my brother with a Priority Date of 10/28/2005. This is due to the fact that some countries submit many more petitions than others. If you're an immediate relative of a U.S. citizen, you don't need to track the Visa Bulletin. US Department of State introduced the concept of Final Action Dates and Dates for Filing only from October 2015 Visa Bulletin. Save my name, email, and website in this browser for the next time I comment. Nov 2018 - Package sent - EB - Texas Service Center. This is called visa retrogression, which occurs when more people apply for a visa in a particular category . Disclaimer: Website, software platform and administrative support are provided by VisaNation Inc., a Delaware corporation. 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 . Apply online for the loan amount you need. I-140 petitions do not expire. First, when a fiscal year starts in October, Visa Office divides the total annual available Green Card numbers into monthly allotments. The information contained on this website is for general information purposes only and is not a substitute for legal advice and does not create an attorney-client relationship. 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 . 2023 Murthy Law Firm. Someone usually must file an immigrant petition for you (often referred to as. You can think these dates as if your position in queue has reached the end and you are ready to get the green card. During h1b transfer, the lawyer of the new company said my h1b could be denied because of this rule. I was in this situation 2 years ago - final cutoff date was current for longer than a year when I switched job. Citizenship and Immigration Services (USCIS) posts a condensed version of the visa bulletin on its website and specifies which chart certain foreign nationals should use to determine when their priority date becomes current. 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. In this article, we will look at the differences and how the different dates thing works. At this stage priority date between oct01-mar02 does not matter. 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. 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. USCIS is supposed to also enforce it, but I've never heard of a case where it happened. what happens when final action date is current? The Department of State usually releases new visa bulletin two to three weeks ahead. 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. 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 possible to continue to extend the H-1B? London TW1 1JT Applicants in that category and from that country can file the green card and will be processed immediately. 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 . what happens when final action date is current?filipino ethnocentrism 5 examples Yes! 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? If a person does not file in December 2011, therefore, even though s/he could do so, the opportunity is not . Depending on how the above three numbers vary, you would see movement of the priority dates. Anyone waiting to receive an employment-based or family-based green card is likely already familiar with the visa bulletin. 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. 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. How are Green Card or Immigrant Visas count Reported, Predicted? The case may be filed at a later time, as long as all requirements are met at the time of that later filing. -One-page form (PTO/SB/434) filed with After . https://www.uscis.gov/green-card/green-card-processes-and-procedures/child-status-protection-act-cspa, A doubt about the age calculation in CSPA. 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.