what happens when final action date is current? what happens when final action date is current?

What do you think of the dates for filing and final action dates movement? Heavily-populated countries such as China or India usually exceed the annual limit on green cards across several different categories, causing backlogs to build and dates to retrogress. Instead, you can contact the NVC and ask for the appropriate instructions. 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. Any idea how long it takes to get gree card interview with current covid situation my Attorney says it takes 12 months any body did receive recently green card please share. This is essentially where the DOS is when it comes to processing petitions. US Department of State publishes the Visa Bulletin every month that summarizes the green card numbers availability by category and movement of priority dates. The National Visa Center (NVC), which processes the green card applications for consular processing petitions, will inform the green card applicants when their priority dates become current based on the Final Action Dates in Visa Bulletin. Most people that petition for a green card have a priority date. I was kinda excited today when I saw LUD but disappointed after seeing the same finger print messages. Unfortunately, there is no ability to extend an H-1B that is already beyond the six-year limit any further. 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. You must log in or register to reply here. A priority date determines a person's position in line for an immigrant 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. Not sure which I-485s are processed by NVC, do they do only consular processing or regular processing too? 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 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). PD Date is current in DOF but USCIS disallows: You cannot do anything. There's no way to know exactly when, so . Because the expiration date of the EAD will be tied to the . Below are the things that you can do depending on your situation. If you are considering applying for a personal loan, just follow these 3 simple steps. So, Is my filing date Oct 2020 ?? Can his current employer C do something or he has to go back to previous employer A? Answer (1 of 3): Green Card The steps you must take to apply for a Green Card will vary depending on your individual situation. 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. 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. 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. The final action dates or application final action dates are the dates when the actual green card numbers are available for that category & country of birth, so that the final Green Cards or immigrant visas can be issued. 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. At this stage priority date between oct01-mar02 does not matter. If there is a date shown, that's the "cutoff date." Compare that to your priority date. 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. Start new topic. How Do I Know Which USCIS Service Center? One of my friend is on H1b Visa and have I-140 approved from previous employer A under Eb2 category. You can check https://visagrader.com/uscis-processing-times/i-485-eb to know processing times history by location. 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. If you are considering downgrading your petition from EB-2 to EB-3, read THIS ARTICLE. 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. How many weeks are they expecting to provide a decision after the date becomes current per Visa bulletin for a category. There is no actual time limit governing how long a person could wait to move forward with an I-485 filing. What happens when an applicant has an EB-2 case pending but subsequently moves to EB-3 for a more advantageous final action date? It may be many years before her priority date is current. Now I hear this rule applies to I-485 stage as well. "Final Action Dates" shows the dates when a number of immigrant visas will be available for foreign nationals who have a current priority date during that month. by | Jul 3, 2022 | small rosary tattoo | Jul 3, 2022 | small rosary tattoo While it is permissible to file the I-485 as soon as ones priority date becomes current, this is not a requirement. You can use this space to go into a little more detail about your company. It is necessary to be in the United States in order to file the I-485. 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. Thanks. During h1b transfer, the lawyer of the new company said my h1b could be denied because of this rule. After you file the I-485, you will receive notification that the USCIS has received it. #2 Final Action Date Chart. I agree. Any idea how long it takes to get gree card interview with . B1/B2, H1, F1? 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. 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. I have filed the I-485 during Oct 2020 ( based on the Filing date chart in Oct 2020 Visa Bulletin). The Form I-485 processing time is long, and the wait can be difficult. 1. My father petitioned my brother with a Priority Date of 10/28/2005. These were all introduced as part of Obama plan for modernizing legal immigration in 2015. Final action dates are the dates that are most commonly used by applications for filing adjustment of status applications with USCIS during rest of the year after first few months. Furthermore, the Visa Office tends to aggregate the high-level Categories numbers for reporting and prediction, including EB-1, F1, and F2A. 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. Difference between Final Action Dates and Dates for Filing. His previous employer is unable to take him back untill they have a new job for him. Generally, the dates are 8 to 12 months before the expected Final Action Dates. 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. The priority date represents the foreign nationals place in line for a green card. But if your priority date is any date prior to October 8, 2011, your priority date is current and you are eligible for concurrent filing. This will help you better understand how the Dates for Filing and Final Action Dates movement in next sections. If they withdraw after 6 months of approval the PD based on that 140 can still be used. Adjusting status to a lawful permanent resident of the United States is a big step! 2. However, there is a catch. 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. Your green card can only be approved if the PD date is current in the Final action chart. 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. Even though the H-1B worker was able to extend the H-1B in three-year increments based upon the approved I-140 under AC21 Section 104(c), the worker will not be able to extend under 106(b) where the labor certification was filed after the worker began his or her sixth year of H-1B time. Final action dates are used by the USCIS as default priority dates to ask applicants for green cards to apply for an Adjustment of status. 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. Im a firm believer that information is the key to financial freedom. This can either be through your current employer or with a new one. Ruchi, If he has to apply now, the only option is to go with A as there is no perm with C. Thanks Kumar for the response. here the Filing date, Is this the date of i-485 filing? 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. The second, new chart is the "Dates for Filing Application" chart, which indicates the date when a green card applicant can submit an I-485 adjustment of status application. 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. RedBus2US.com 2010 - 2023, All Rights Reserved. Typically, an applicant receives their green card from USCIS 1 to 4 weeks after approval of the adjustment of status, which is step 4 in the AOS timeline below: Make Progress Today. 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. 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. Hire Us. CEAC Website, Errors Info. That's great! For some, this prevents opportunities for promotions and other career advancement. 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. Parafia pw. Posted by userkv (15) 4 minutes ago. Is it because of the visa bank and interviews not being scheduled? When assessing this risk, it is necessary to consider the reason for the cutoff date advancement. You may also watch the YouTube video on Dates of Filing vs Final Action Dates that covers the details in this article. No. Once your "priority date" becomes current, you can apply for your immigrant visa at a U.S. Consulate, or if you are in the U.S. in valid status or are otherwise eligible, through Adjustment of Status. It is not like other processing. However, that requires that the I-485 remain pending for at least 180 days. Lets review, what they mean for NVC, Consulates and USCIS. For example, July Visa Bulletin is most likely published between June 10 th and 15 th. The Visa Bulletin is released by the U.S. Department of State every month. Microsoft, Go to company page Those with questions regarding case timing and I-485 filings should seek advice from a knowledgeable and qualified immigration attorney. The above final action date projections for the Family and Employment categories indicate what is likely to happen on a monthly basis through January. Copyright 1999-document.querySelector("#footer-year").innerHTML=new Date().getFullYear(); immihelp.com. A green card cannot be issued unless the applicant . 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. 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. his priority date is Nov 2014. JavaScript is disabled. Residence senior - Niort 79; Residence senior - Rochefort 17 what does y mean in rubik's cube algorithms . Once the USCIS receives the petition, that date will be your priority date. 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. "C" means "current," in other words, that there is no more wait and you can file your adjustment application now. USCIS allows green card applicants inside US to apply for adjustment of Status to get Green Card, when their priority date is 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. 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 ? This is not to be confused with a change of status or a transfer of status, which are different processes entirely. Soon youll have your loan offer. Your name check needs be cleared by the time they take your I-485 file. Also, they will help schedule interviews for immigrant visas based on the final action dates by working with the U.S. consulates. 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. Also, this is the Category that is printed on the physical Green Card that is issued to the applicant. Historical counts of Denials, Abandonments and withdrawals. 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. What is Dates for Filing in Visa Bulletin? This is called visa retrogression, which occurs when more people apply for a visa in a particular category . 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 . This is because the marriage green card is in a separate category called immediate family. I have filed under niw eb2. Confirm all security and background checks are completed; 3. 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. Unless the priority date of the applicant is earlier than the visa bulletins listed Final Action Date, no green card can be issued.