The Visa Bulletin- Final Action Dates versus Dates for Filing It may not display this or other websites correctly. I guess you've got no I-485 RFE ? how long does it take to get the gc after priority date is C. Like this thread 0 0. 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. 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 . Many applicants want to file on the first day of the month in which their priority dates become current. 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'. How to Check US Visa Status Online? USCIS approves the petition, thus making February 1, 2023 Manuel's Priority Date. January 30, 2012. From project selection to the final green card, our experienced team assists and advises investors throughout the EB-5 process. They can't width draw if its more than 6 months old, @Oracle $$$$$ : lawyers suggest that it is expected that petitioner would file for 485 adjustment within a year of date becoming current . Thanks. #workvisa #greencard #ead #485, Go to company page If an employer waits until the priority date is current to file the H1B extension, there is eligibility for only a one-year extension. If you are terminated while both the I-140 and I-485 are pending with USCIS AND employer withdraws I-140 petition. Thanks. You may have heard of them or you may even be currently waiting for your priority date to be current right now. With the layoffs at NBC I dont see it happening anytime soon. After which, your passport will be taken and then mailed back to you with a green card inside. See below how it looks in a diagram. F2A: CURRENT (Spouse and under 21 children of Legal Permanent Residents) FX: CURRENT (F2A Cases with older priority dates) F2B: 22 SEP 2015 (Unmarried Sons/Daughters of Legal Permanent Residents) F3: 22 NOV 2008 (Married Sons/Daughters of U.S. Citizens) F4: 22 MAR 2007 (Brothers/Sisters of U.S. Citizens and their Spouses and under 21 Children) Advisory Action not mailed until after end of three months from mailing date of Final Office Action In this case, extension fees are calculated from the Advisory Action mailing date . what happens when final action date is current? Unfortunately, if you previously filed your I-485 adjustment of status application but your priority date has retrogressed and is no longer current, the U.S. The 1 year rule usually is only enforced if the I-140 is under NVC jurisdiction. Posted by userkv (15) 4 minutes ago. 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? A priority date determines a person's position in line for an immigrant visa. what happens when final action date is current? . By NJ80, January 30, 2012 in AOS & CP : General. 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. 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. Did the officer told you that the only reason not to approve was your PD not being current? Basically, documentarily complete means that NVC has received all basic documents, fees and the applicant is ready to be interviewed when priority dates become current for that applicant. Unless the priority date of the applicant is earlier than the visa bulletins listed Final Action Date, no green card can be issued. Which priority date is current? This behavior seems to be common. When applicants in the U.S. get a current priority date, the USCIS allows them to apply for an adjustment of status for a Green Card. For some, this prevents opportunities for promotions and other career advancement. What are Final Action Dates in Visa Bulletin? However, covid has brought special circumstances and filling and final action dates are moving fast for India. There's no way to know exactly when, so . 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. This can be a significant risk, particularly in a period of economic instability. 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. Any exceptions for a certain month will be mentioned in the Visa Bulletin and specified to use filing dates. On that bulletin, people can see two types of dates: filing date charts and final action date charts. 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 hope this post was helpful in this regard so you can have a smooth application process. 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. Someone usually must file an immigrant petition for you (often referred to as. This may prevent the applicant from filing the I-485 when the priority date becomes current. Also, they get the number of pending applications of adjustment of status from USCIS. So, you will have to wait until the final action date matches or passes your priority date before you can . Not sure what a priority date means? Anyone waiting to receive an employment-based or family-based green card is likely already familiar with the visa bulletin. Nov 2018 - Package sent - EB - Texas Service Center. Learn what others are saying about us on Google, Yelp, and Facebook or visit us at https://www.stilt.com. If your application meets the eligibility criteria, the lender will contact you with regard to your application. 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. 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). Priority Date: Check USCIS Processing Times or Visa Bulletin Equipment. Legal services are provided by VisaNation Law Group PLLC, a Florida professional limited liability company. 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. Unfortunately there is way to tell how long it will take. See below screenshot from the same page, where they ask applicants to use Final Action dates for September 2020. Thanks. How long does it take for card approval after PD becomes current (EB1C Conduct the adjustment of status interview; 2. sell my timeshare now phone number what happens when final action date is current? Hire Us. Immediate relatives include: Immigrant visas for immediate relatives of U.S. citizens are unlimited, so they are always available.. what happens when final action date is current? what happens when final action date is current? My interview was complete in Oct 2018. 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 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. 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. Will this rapid movement be continue which help to move dates for filling become current? Assuming you do not have an I-485 pending from your EB3 case, AC21 portability is not really a factor (i.e. 1. that are used for detailed allocation. USCIS Clarifies Age Determination & "Sought to - Meltzer Hellrung Visa Bulletin: Final Action Date, Cut Off and Predictions | Immigration Concurrently, these reports are obtained from the U.S. consulates and Embassies from all over the world. Also, they enable the applicants to submit their important documents and their permanent residence application before the government can approve it. 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. CEAC Website, Errors Info. Green Card Wait Time - Check Priority Date - Mygcvisa When my father died in 2013, I reported to my lawyer and I dont know now what the lawyer did. These dates are typically eight to 12 months prior to the expected Final Action Dates and allow applicants to submit their application for permanent residence and relevant documents before it is time for the government to approve it. Applicants in that category and from that country can file the green card and will be processed immediately. The Visa Bulletin: Final Action Dates vs. Dates for Filing Parafia pw. IMPORTANT UPDATE: There is a significant advancement of Priority Dates in EB-3 India category in October 2020VISA BULLETIN. I-485 Approvals Possible: Impact on Spouses / Children without Filed I-485s. The entire prediction process is quite difficult, so many people may not understand it. A few differences can be seen between the Dates for Filing and Final Action Dates. To get in touch with our office, you can fill out this contact form and schedule a consultation with us today. 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. Now, the "Date for Filing" determines whether or not you can submit the final immigrant visa application, and the "Final Action Date" indicates whether or not it is expected that an immigrant visa number will be available. 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 There is no actual time limit governing how long a person could wait to move forward with an I-485 filing. I hmy final action date is current and I had finger print processing in Jan 2021 and got my EAD. Filing Date vs Final Action Dates: Visa Bulletin? PD Date is current in DOF but USCIS disallows: You cannot do anything. What happens when an applicant has an EB-2 case pending but subsequently moves to EB-3 for a more advantageous final action date? Interesting. You don't have to wait for the government to call you after you notice this. 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. This is an important date because once the immigrant visa number is available, the foreign nationals physical green card can be issued. The Department of State has an annual limit on the number of green cards it distributes to any country from any category (e.g. Dates for Filing refers to the earliest dates that a green card applicant may apply for their green card. 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. What is the best possible course of action for him thru his current employer C? Why do Dates for Filing and Final Action Dates fluctuate? The Visa Bulletin is released by the U.S. Department of State. 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. 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. This means that do not abandon . 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. The visa bulletin is made up of four charts: Notably, the employment-based and family-based charts are separated by final action dates and dates for filing.. Also, the NVC will tell applicants that their application is Documentarily complete. However, that requires that the I-485 remain pending for at least 180 days. These were all introduced as part of Obama plan for modernizing legal immigration in 2015. When assessing this risk, it is necessary to consider the reason for the cutoff date advancement. 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. 2023 VisaNation, Inc. All Rights Reserved. Add your thoughts in comments below. USCIS is supposed to also enforce it, but I've never heard of a case where it happened. Santosh, Yes, that could be the reason, we do not know for sure. I hope they become current soon! 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. What do the "Final Action Date" and "Dates for Filing Applications what happens when final action date is current? his priority date is Nov 2014. 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. Once the priority date becomes current the foreign national may apply for their physical green card. We will look more details below, lets dive into the dates of filing and final action dates and how they move. Is it because of the visa bank and interviews not being scheduled? The CAA, SoCon and Summit League are . youll need to file your I-485 application for adjustment of status within one year of your Final Action Date becoming current (if outside the US, you would need to apply for an immigrant visa within one year). Visa Bulletin - Everything U.S. Visa Applicants Need to Know - Kozycki Law Could be a few days to several months. Depending on the month of the year and movement of priority dates, USCIS suggests which charts to use for filing adjustment of status. We take a holistic underwriting approach to determine your interest rates and make sure you get the lowest rate possible. what does y mean in rubik's cube algorithms . 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. This is a process by which you can adjust your status from nonimmigrant to immigrant. In employment-based green card cases, the entire basis for a case is the employers job offer. 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. #2 Final Action Date Chart. How are Green Card or Immigrant Visas count Reported, Predicted? When you see that your Priority Date is current on the "Dates for Filing . tui salary cabin crew. Emily has been quoted in Bloomberg Law, U.S. News & World Report, Inside Higher Ed, and The Times of India on various hot topics in immigration. I hope you have received your green card by now! 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. So the bottom line is LUD never changed since August 05 and suddenly 4 LUD in past 10 days. While she was waiting, she obtained a masters degree in computer science. 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. Else you will have to get it via FOIA, This is right. GUIDE to Travel to US with valid Visa on Expired Passport ? 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. Hi, For the purpose of explaining my question lets assume an individuals EB2 priority date is Feb 1, 2010 The Dates for Filing Application for that category is March 1, 2010 The Final Action Dates for that category is December 1, 2009. Once the USCIS receives the petition, that date will be your priority date. Lets look at an example: Martha is an Indian citizen waiting on an EB-3 green card with a priority date in March 2016. What is Dates for Filing in Visa Bulletin? Everyone from that specific country and category can file for their green card and enjoy quick processing. Its all about the priority date. Below are the things that you can do depending on your situation. If you are new to the Green Card process and have not heard some of the terms like country caps, priority dates or numerical limits, read Green Card Numerical Limits, Country Caps, Priority Date to get an idea. October 2021 Visa Bulletin Insight: Retrogression Likely For Some AC21 Job Change if Priority Date may Become Current Co. Things going very interesting for me too. If there are any exceptions for any month, they will specify them at www.uscis.gov/visabulletininfo to use filing dates. The first route is called adjustment of status. This is not to be confused with a change of status or a transfer of status, which are different processes entirely. Not sure which I-485s are processed by NVC, do they do only consular processing or regular processing too? 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. Both routes can be advantageous based on your situation. London TW1 1JT Could any gurus explain me what's going on. The date is current in DOF and USCIS allows: You can file i485, i765, and i131. How Do I Know If USCIS Received My Application? What happens when your priority date for green card processing - Quora Watch this thread Start a new thread Add a post. This change only applies to office actions issued on . 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. Not only that, but they also receive the pending adjustment of status application number from the USCIS. Lets review, what dates for filing mean for NVC, Consulates and USCIS. by | Jul 3, 2022 | small rosary tattoo | Jul 3, 2022 | small rosary tattoo 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). USCISs goal is to have sufficient number of applications so that they can issue maximum number of green cards by end of year and they do not get wasted. Medallia. You can use this space to go into a little more detail about your company. Among these is one important series of questions concerning when one must file the adjustment of status (I-485) application. Thanks Nagesh. Now I hear this rule applies to I-485 stage as well. Altho all cases are different. In fact, if you petitioned for a family-based or employment-based green card, you most certainly have a priority date. #1. Usually, Dates for Filing are used during the fiscal years first few months, such as October and November. STEP 2: Once the petition is approved an immigrant visa number is assigned to you. 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 ? NVC does not process I-485s. 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. 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. here the Filing date, Is this the date of i-485 filing? I have H4/L2 Kid under 21 years: In cases of H4 children, we strongly suggest filing a new EB2 i485 always. How Long To Wait for Your Priority Date to Become Current? The Department of State usually releases new visa bulletin two to three weeks ahead. 2023 March Madness: Conference tournaments underway, brackets We will update this table when we receive more data from USCIS/DOS. This date will be printed on your notice of receipt from the USCIS and should be noted as one of the most important dates concerning your green card processing time. 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. It may be helpful to document the steps the new employer has taken to file a labor certification on behalf of the employee. How Do I Know Which USCIS Service Center? Unfortunately, there is no ability to extend an H-1B that is already beyond the six-year limit any further. I was kinda excited today when I saw LUD but disappointed after seeing the same finger print messages. Disclaimer: Website, software platform and administrative support are provided by VisaNation Inc., a Delaware corporation. My Priority Date is Current, Am I Eligible for Additional H-1B Extensions? With that, the Indian final action date is finally current, although it's unclear how long-lived this status will be. To make it easier for foreign nationals to track their place in line, U.S. Yes. 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. 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. Once NVC receives all the documents in step 9 and they will mark them as Documentarily Complete. If your priority date is on or before the cutoff date . Why do I get AOS interview before PD is current? 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. what happens when final action date is current? The applicants with status of Documentary complete are the ones that consulates report to Visa Office for Visa number predictions. When to Apply for Adjustment of Status When You're on a Wait List - Nolo If the final action date moves forward until it matches the current calendar date, it will be considered current (marked by a C in the bulletin). If you're an immediate relative of a U.S. citizen, you don't need to track 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 . In reality, your employer will need to file an completely new petition, fees, and obtain a new PERM Labor Certification on your behalf. It has two charts: "Final Action Dates for Employment-Based Preference Cases" and "Dates for Filing of Employment-Based Visa Applications." Our attorney said that if the priority date was not current they usually do that. Seek new employment if you have remaining H-1B time and file new PERM and I-140. I hmy final action date is current and I had finger print processing in Jan 2021 and got my EAD. As such, people who are stuck in the backlog have the opportunity to apply for work authorization and get it much sooner. 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.