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. I have filed under niw eb2. Here at VisaNation, we have helped countless people like yourself obtain their green cards. Final Action Date vs Filing Date - Things You Should Know - Stilt Blog They will also work with US consulates to schedule immigrant visa interview for these applicants based on the final action dates. What should you do with your priority date? mcgilley state line obituaries. 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. 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 Did the officer told you that the only reason not to approve was your PD not being current? Concurrently, these reports are obtained from the U.S. consulates and Embassies from all over the world. 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. While this sounds like an optimal situation and it is technically possible, there are some things to note before getting started. 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. They can do the interview before the final action date is current . 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. 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. Termination of Employment and Green Card Application Thanks. When marriage plans are uncertain, it is not uncommon to defer the I-485 filing. 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. But what is the difference between them? what happens when final action date is current? You can use this space to go into a little more detail about your company. Our attorney said that if the priority date was not current they usually do that. Anyone waiting to receive an employment-based or family-based green card is likely already familiar with the visa bulletin. Categories: Green CardsLive In The USWork In The US, Tags: employment based green cardGreen_Card_Marriagevisa bulletin. 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. tui salary cabin crew. This is essentially where the DOS is when it comes to processing petitions. If you have any questions, send us an email at [emailprotected]. 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. USCIS Clarifies Age Determination & "Sought to - Meltzer Hellrung 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. Hi , there has not been any movement in the Final action dates for F4 category in October and November. Lets review, what they mean for NVC, Consulates and USCIS. My father petitioned my brother with a Priority Date of 10/28/2005. End of Sentence for Entering Canada with a Criminal Record? While it is permissible to file the I-485 as soon as ones priority date becomes current, this is not a requirement. 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. If you're an immediate relative of a U.S. citizen, you don't need to track the Visa Bulletin. 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. . 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. 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. 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. Speak with your immigration attorney to see if green card porting is appropriate for your case. Newport Beach, CA 92660, 18 King Street East, Suite 1400 Someone usually must file an immigrant petition for you (often referred to as. 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. what does y mean in rubik's cube algorithms . Could any gurus explain me what's going on. The NVC receives the green card applications after the USCIS approves them. However, covid has brought special circumstances and filling and final action dates are moving fast for India. 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. 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. The priority date is earlier (before) the final action date. In order to port her EB-3 status to EB-2, she will need to either be promoted to a higher position that requires her masters degree or she will need to find a new job that requires the degree. How Are Green Card and Immigrant Visas Counts Reported? CEAC Website, Errors Info. What is Dates for Filing in Visa Bulletin? -Current version of program (AFCP 2.0) available since 2013, now extended through September 30, 2016. If it becomes necessary during the monthly allocation process to retrogress a final action date, supplemental requests for numbers will be honored only if the priority date falls within the new . The job offer must exist at the time of the I-485 filing. 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. When will the National Benefits Center begin reporting Form I-485 processing times? If a person does not file in December 2011, therefore, even though s/he could do so, the opportunity is not . The case may be filed at a later time, as long as all requirements are met at the time of that later filing. 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. what happens when final action date is current? 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) Now that you have some background on why two dates, next we need to understand how the Green Cards numbers are reported, collated and further predicted. This is not to be confused with a change of status or a transfer of status, which are different processes entirely. 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. 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. 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. Visa Bulletin For February 2021 - United States Department Of State This makes it possible to have more applications ready in the queue to meet the whole years demand. After you file the I-485, you will receive notification that the USCIS has received it. How to Check US Visa Status Online? what happens when final action date is current? As mentioned above, labor certification filings are based on a specific job offer. Retrogression FAQs | Loke Walsh Immigration Law Don't hold your breath. However, there is a catch. These were all introduced as part of Obama plan for modernizing legal immigration in 2015. how long does it take to get the gc after priority date is C - Trackitt Dates of filing are used mainly during the first few months of the fiscal year start like in October, November to get more applications in pipeline for meeting the demand for the entire year. 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 . UNITED KINGDOM. People can find out from www.uscis.gov/visabulletininfo which dates they should use to submit applications for adjustment of status. To make it easier for foreign nationals to track their place in line, U.S. Another provision of AC21 may allow continued extensions of H-1B status in one-year increments according to Section 106(b). There are, however, overall risks in waiting for greatly extended periods of time, as explained below. Which priority date is current? Age at Time of Visa Availability Pending Time = CSPA Age Approval Date Filing Date = Pending Time. Instead, you can contact the NVC and ask for the appropriate instructions. Dates for Filing refers to the earliest dates that a green card applicant may apply for their green card. 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. These requests for H-1B extensions are made under the provisions of Section 104(c) of the American Competitiveness in the 21st Century Act (AC21). Is it because of the visa bank and interviews not being scheduled? JavaScript is disabled. Priority Date Finally Current! How Soon Should I-485 be Filed? So, Is my filing date Oct 2020 ?? 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 filed under niw eb2. Both routes can be advantageous based on your situation. his priority date is Nov 2014. There is no actual time limit governing how long a person could wait to move forward with an I-485 filing. It has two charts: "Final Action Dates for Employment-Based Preference Cases" and "Dates for Filing of Employment-Based Visa Applications." In order for a spouse to be eligible for immigration benefits under the umbrella of the primary applicants employment-based green card case, the marriage must occur before the I-485 is approved. [There is an exception to this under the American Competitiveness in the Twenty First Century Act (AC21). US Department of State publishes the Visa Bulletin every month that summarizes the green card numbers availability by category and movement of priority dates. If a person does not file in December 2011, therefore, even though s/he could do so, the opportunity is not necessarily lost. It is helpful knowing it is not necessary to file the I-485 case as soon as the priority date becomes current. If your application meets the eligibility criteria, the lender will contact you with regard to your application. 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 . Biometrics? New, Renewal? 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. Final action dates define when the actual green card numbers are actually available for a country & category, Date for filing are used primarily to prepare ahead by NVC or by USCIS to make sure there are enough applications in the queue for a fiscal year. May 2022 Visa Bulletin Predictions - Path2USA I-485 application. It will help them issue maximum number of Green Cards per year, without wasting them, as per Congress guidance. what happens when final action date is current? You are using an out of date browser. 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. Your child gets CSPA protection only if the date got current in the Final action chart. I-140 petitions do not expire. Stronger applications get better loan offers. Filing Date vs Final Action Dates: Visa Bulletin? Guide - RedBus2US 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. These issues should be discussed with an experienced, qualified immigration attorney, who can provide guidance in such matters. Also, they get the number of pending applications of adjustment of status from USCIS. 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. 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. A physician who is subject to the J-1 two-year home return requirement generally has to delay the I-485 filing while s/he meets the terms of the waiver by working in an underserved area for three years. The loan then gets disbursed into your U.S. bank account within a reasonable number of days (some lenders will be as quick as 2-3 business days). Unfortunately It's in Uscis hands. 2271-Final Action - United States Patent And Trademark Office Now you need to set up your repayment method. Hire Us. 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. 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 happens when final action date is current? 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. There has been no movement on my case so far. My PD just became current with PD of Jan 2002( ROW) LUD has been changed on 8/23, 8/24,8/29 and again today 9/1 for me and for my wife. Disclaimer: Website, software platform and administrative support are provided by VisaNation Inc., a Delaware corporation. There's no way to know exactly when, so . 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. Lets look at an example: Martha is an Indian citizen waiting on an EB-3 green card with a priority date in March 2016. sell my timeshare now phone number what happens when final action date is current? The entire prediction process is quite difficult, so many people may not understand it. Posted by userkv (15) 4 minutes ago. 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. You can think these dates as if your position in queue has reached the end and you are ready to get the green card. Below are some of the common differences between final action dates and dates for filing applications. Microsoft, Go to company page Final Action Dates and Filing Dates are not the same, and you must know the differences if you are a green card applicant. Adjustment of Status Timeline - RapidVisa The dates for filing are typically used by National Visa Center (NVC) to notify immigrant visa applicants (green card applicants), who are outside of US to prepare themselves and submit all the relevant documents required for the Green Card Visa Interview at US Consulates. Your I-485 (green card application) will be denied. 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). Green Card Wait Time - Check Priority Date - Mygcvisa But, what happens when the immigrant visa finally becomes available and the priority date is current? 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. #workvisa #greencard #ead #485, Go to company page That is when the priority date is said to be current: The Form I-485 processing time is long, and the wait can be difficult. As such, people who are stuck in the backlog have the opportunity to apply for work authorization and get it much sooner. 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. what happens when final action date is current? CONCEPT. 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. When Will Your Priority Date Become Current? | Nolo Najwitszej Maryi Panny Krlowej Polski > Bez kategorii > what happens when final action date is current? Also, it doesnt provide any priority dates under the sub-categories level. 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. That's great! If there is a date shown, that's the "cutoff date." Compare that to your priority date. Visa Bulletin: Final Action Date, Cut Off and Predictions | Immigration During h1b transfer, the lawyer of the new company said my h1b could be denied because of this rule. File H1B Extension Before Priority Date Becomes Current nagesh, This totally depends on the location, if you have already submitted medicals and if they would call for an interview. What do you think of the way ahead? Not yet. Looks like it is going to be a long wait even after the final action date becomes current. The Department of State has an annual limit on the number of green cards it distributes to any country from any category (e.g. 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 . Usually, Dates for Filing are used during the fiscal years first few months, such as October and November. Filing Date vs Final Action Dates: Visa Bulletin? No names are reported, but only the counts of applicants with that status at a consulate or embassy are reported. 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. The Dates for Filing are the earliest dates green card applicants may apply for a green card. I-485 Approvals Possible: Impact on Spouses / Children without Filed I-485s. The Interview was in December. How long does it take to get green card after becoming current? How to Apply for H4 EAD? USCIS processes all I-485s. you'll need to file your I-485 application for adjustment of . 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. I have filed the I-485 during Oct 2020 ( based on the Filing date chart in Oct 2020 Visa Bulletin). USCIS is supposed to also enforce it, but I've never heard of a case where it happened. HOW TO READ THE VISA BULLETIN // If you're trying to figure out how to read the visa bulletin, this video is for you. In many cases, the Date for Filing will be well before the Final Action Date, meaning that the alien applicants . There are few scenarios on why dates for filing & final action dates move forward or backward. Else you will have to get it via FOIA, This is right. In fact, if you petitioned for a family-based or employment-based green card, you most certainly have a priority date. The greatest risk in delaying is that the opportunity may be lost. If the job offer is lost or the business shuts down prior to the I-485 filing, the case will end. In employment-based green card cases, the entire basis for a case is the employers job offer. USCIS informs public at www.uscis.gov/visabulletininfo on what dates to use for submitting adjustment of status applications. 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.