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. When Will Your Priority Date Become Current? | Nolo This is an important date because once the immigrant visa number is available, the foreign national's physical green card can be issued. 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. 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. If case action was originally made with EB-2 number was available but the date retrogressed before the case could be adjusted, USCIS would request an EB-2 visa authorization. what happens when final action date is current? It will help them issue maximum number of Green Cards per year, without wasting them, as per Congress guidance. Usually, Dates for Filing are used during the fiscal years first few months, such as October and November. 1. Don't hold your breath. Once the priority date becomes current the foreign national may apply for their physical green card. 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 ? Any exceptions for a certain month will be mentioned in the Visa Bulletin and specified to use filing dates. How to Apply for H4 EAD? In employment-based green card cases, the entire basis for a case is the employers job offer. Not only that, but they also receive the pending adjustment of status application number from the USCIS. Also note that if the accrual of the 1-year period is interrupted by the unavailability of an immigrant visa, such as when a priority date becomes current and later retrogresses, a new 1-year period starts when the priority date becomes current again. "C" means "current," in other words, that there is no more wait and you can file your adjustment application now. CEAC Website, Errors Info. See below screenshot from USCIS Visa Bulletin filings charts webpage, where they ask applicants what date to use in a particular month. 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. This can be a significant risk, particularly in a period of economic instability. Not affiliated with any government agency. For instance, Dates for Filing are used for early preparation by USCIS or NVC to ensure that there are enough applications waiting in the queue for a certain fiscal year. Save my name, email, and website in this browser for the next time I comment. USCIS approves the petition, thus making February 1, 2023 Manuel's Priority Date. They usually look at their pending applicants count with them and forecast, if they have any shortage of applications. The above final action date projections for the Family and Employment categories indicate what is likely to happen on a monthly basis through May. If a person does not file in December 2011, therefore, even though s/he could do so, the opportunity is not necessarily lost. In this article, we will look at the differences and how the different dates thing works. It may be helpful to document the steps the new employer has taken to file a labor certification on behalf of the employee. 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. 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. I have H4/L2 Kid under 21 years: In cases of H4 children, we strongly suggest filing a new EB2 i485 always. Submit the required documentation and provide your best possible application. Green Card Priority Dates: What To Expect | The Complete Guide - VisaNation 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. I485 applied, what happens if dates retrogress? - Murthy Law Firm 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. This is called visa retrogression, which occurs when more people apply for a visa in a particular category . Berardi Immigration Laws award-winning immigration lawyers bring experience and knowledge to your immigration case with a personal touch. So what is a priority date? 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). 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 the final action dates chart shows as Current or C, then it means that there is no wait time in the green card queue. How Do I Speak to a Live Person at USCIS? tui salary cabin crew. 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. how long does it take to get the gc after priority date is C - Trackitt 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. what happens when final action date is current? Also, similarly one can file green card applications with USCIS without waiting. 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). Priority Date Finally Current! How Soon Should I-485 be Filed? Stilt is committed to helping immigrants build a better financial future. Also, they enable the applicants to submit their important documents and their permanent residence application before the government can approve it. Sign and return that note if you wish to accept the loan offer. 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. We have to wait and watch. 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. Will this rapid movement be continue which help to move dates for filling become current? There has been no movement on my case so far. 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. I hmy final action date is current and I had finger print processing in Jan 2021 and got my EAD. What do "Dates for Filing" and "Application Filing - Gurfinkel 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. #1. #2 Final Action Date Chart. People can find out from www.uscis.gov/visabulletininfo which dates they should use to submit applications for adjustment of status. These will predict how many Green Cards will be available for the following months until the fiscal year ends. We will update this table when we receive more data from USCIS/DOS. I was kinda excited today when I saw LUD but disappointed after seeing the same finger print messages. What Happens After I-485 Interview When The Priority Date Is Not Current? Well, if you are getting an employment-based green card, you may have heard of having the option to port your green card from one preference level to the next. This is a great space to write long text about your company and your services. Furthermore, the Visa Office tends to aggregate the high-level Categories numbers for reporting and prediction, including EB-1, F1, and F2A. Adjustment of Status And Visa Retrogression | myattorneyusa Legal services are provided by VisaNation Law Group PLLC, a Florida professional limited liability company. That's a wealth of information. The CAA, SoCon and Summit League are . A few differences can be seen between the Dates for Filing and Final Action Dates. 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. Is it because of the visa bank and interviews not being scheduled? STEP 2: Once the petition is approved an immigrant visa number is assigned to you. Green card reporting is taken care of by the Visa Office (VO) part of the U.S. Department of State (DOS). If this is your first visit, be sure to If you are filing for adjustment from within the U.S., then you should immediately contact an attorney to prepare your Form I-485 and corresponding evidence. 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. 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. Below are some of the common differences between final action dates and dates for filing applications. or i can file anytime after I come over to USA ? Another provision of AC21 may allow continued extensions of H-1B status in one-year increments according to Section 106(b). Suite 202 A green card cannot be issued unless the applicants priority date is earlier that the Final Action Date listed on the visa bulletin. You may notice that the dates for some countries are different from others. After which, your passport will be taken and then mailed back to you with a green card inside. what happens when final action date is current? This will help you better understand how the Dates for Filing and Final Action Dates movement in next sections. Also, the NVC will tell applicants that their application is Documentarily complete. We responded to the RFE in a month and Interview was scheduled in October. The entire prediction process is quite difficult, so many people may not understand it. 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. I am now waiting for the perm approval in my curret company. he doesnt have I140 approved from current employer C yet. what happens when final action date is current? Else you will have to get it via FOIA, This is right. US Department of State introduced the concept of Final Action Dates and Dates for Filing only from October 2015 Visa Bulletin. I agree. Thanks. This is not due to any prejudice on the part of the Department of State. 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. Applicants require this information so they can file a Service Request if the Form I . Someone usually must file an immigrant petition for you (often referred to as. 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). you'll need to file your I-485 application for adjustment of . 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. Maybe I am just unlucky and you may have better luck. During h1b transfer, the lawyer of the new company said my h1b could be denied because of this rule. When you see that your Priority Date is current on the "Dates for Filing . If priority date becomes current within first 1-2 months of joining company , is that a lost opportunity for that individual ? AC21 Job Change if Priority Date may Become Current Applicants in that category and from that country can file the green card and will be processed immediately. So , in order to best utilize this opportunity to get his greencard and EAD, what would be suggested course of action for him? In this post, we will take a look at the final action date vs filing date and analyze their differences. Background for Dates for Filing & Final Action Dates. If Manuel had checked the Bulletin for February of 2023 . These were all introduced as part of Obama plan for modernizing legal immigration in 2015. Thank you indian_ocean. 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. The NVC uses Dates for Filing from Visa Bulletin to notify applicants to start submitting the documents and work with them for all the required steps to make them ready for green card interview. immihelp.com is private non-lawyer web site. 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. New deadline to respond to office actions for trademark applications NVC does not process I-485s. 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. Soon youll have your loan offer. 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. All Rights Reserved. by | Jul 3, 2022 | small rosary tattoo | Jul 3, 2022 | small rosary tattoo mcgilley state line obituaries. May 2022 Visa Bulletin Predictions - Path2USA -Current version of program (AFCP 2.0) available since 2013, now extended through September 30, 2016. 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 . Is it possible to continue to extend the H-1B? Why do Dates for Filing and Final Action Dates fluctuate? what happens when final action date is current? 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. Why Is It Longer For Some Countries Than Others? 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. London TW1 1JT When your final action date becomes current, you would see "Current" or "C" in the Visa Bulletin. Difference between Final Action Dates and Dates for Filing. On the other hand, when cutoff dates are moving forward routinely, there is less likelihood of significant and extended retrogression. You must wait until your priority date is current with the final action dates posted by the Department of Homeland Security. Priority Date: Check USCIS Processing Times or Visa Bulletin with 15 years of experience practicing US immigration law providing services to U.S. businesses and multinational corporations. 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. Refile EB2 i485 or Interfile After EB2 to EB3 Downgrade? - USA - AM22Tech senior housing bloomfield, nj. An individual in this situation would need to file an adjustment of status and use the employment authorization (EAD) card received based on that application in order to continue to work. Now you need to set up your repayment method. I would like to know if anyone's I-485 application with Dallas FO after transfer from NBC to Dallas Fo on July 20th. Can his current employer C do something or he has to go back to previous employer A? I have filed under niw eb2. Co. If a person does not file in December 2011, therefore, even though s/he could do so, the opportunity is not . Your I-485 (green card application) will be denied. 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 ? 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. We will look more details below, lets dive into the dates of filing and final action dates and how they move. what happens when final action date is current? 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. Below are the things that you can do depending on your situation. Not sure which I-485s are processed by NVC, do they do only consular processing or regular processing too? Now I hear this rule applies to I-485 stage as well. Many applicants want to file on the first day of the month in which their priority dates become current. As long as the priority date remains current, the case can be filed, in this example, in January or February 2012 or a later time. First, when a fiscal year starts in October, Visa Office divides the total annual available Green Card numbers into monthly allotments. No. One of my friend is on H1b Visa and have I-140 approved from previous employer A under Eb2 category. Anyone knows how lawyers recommend handling this situation? CANADA, 5 Kenley Road 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. 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. To get in touch with our office, you can fill out this contact form and schedule a consultation with us today. All times are GMT-5. This is where the DOS Visa Bulletin comes into the picture. UNITED KINGDOM. nagesh, This totally depends on the location, if you have already submitted medicals and if they would call for an interview. Multiple I-140 Approvals: What happens to my priority date and who can So, you will have to wait until the final action date matches or passes your priority date before you can . USCIS Clarifies Age Determination & "Sought to - Meltzer Hellrung 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. But I my h1b was approved without issues. For some, this prevents opportunities for promotions and other career advancement. 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. Conduct the adjustment of status interview; 2. I-140 petitions do not expire. How long does it take to get green card after becoming current? Final Action Dates and Dates for Filing are two different things, but what exactly are the differences between them? Santosh, Yes, that could be the reason, we do not know for sure. In many cases, the Date for Filing will be well before the Final Action Date, meaning that the alien applicants . Equipment. You must log in or register to reply here. 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. It is necessary to be in the United States in order to file the I-485. Everyone from that specific country and category can file for their green card and enjoy quick processing. Delaying ones filing can also delay eligibility for promotions and job changes. Start new topic. See what other people are asking and the advice they're getting.

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