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) 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. Why Is It Longer For Some Countries Than Others? So what is a priority date? Im a firm believer that information is the key to financial freedom. For each category and for each country, there is a date that is called the final action date. This is what makes the date so important. With Final Action Dates, when they show as C or Current, it means that there isnt any wait time in the queue for green cards. his priority date is Nov 2014. See below how it looks in a diagram. 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. There was only one chart and one date, which was just called priority date. Watch this thread Start a new thread Add a post. nagesh, This totally depends on the location, if you have already submitted medicals and if they would call for an interview. I-485 application. Which priority date is current? Qualified Immigrant Visa Applicants count received from US Consulates, Pending Adjustment of Status applicants count received from USCIS. tui salary cabin crew. The Visa Office (VO) that is part of US Department of State (DOS) handles the green card numbers reporting and prediction. Also, the NVC will tell applicants that their application is Documentarily complete. When you see that your Priority Date is current on the "Dates for Filing . What is the best possible course of action for him thru his current employer C? what happens when final action date is current? Depending on how the above three numbers vary, you would see movement of the priority dates. 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. 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. Please note: These wait times can change every few weeks as USCIS/DOS receives more applications. Travel abroad is another common reason that individuals are not always able to file their I-485s immediately when the priority date becomes current. I have filed under niw eb2. If priority date becomes current within first 1-2 months of joining company , is that a lost opportunity for that individual ? More information on this topic can be found on MurthyDotCom in our NewsBrief, I-485 Approvals Possible: Impact on Spouses / Children without Filed I-485s (22.Apr.2011). STEP 2: Once the petition is approved an immigrant visa number is assigned to you. 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. There are, however, overall risks in waiting for greatly extended periods of time, as explained below. The good news is that many U.S. employers prefer premium processing, which will expedite the overall processing time. Residence senior - Niort 79; Residence senior - Rochefort 17 Someone usually must file an immigrant petition for you (often referred to as. Now you need to set up your repayment method. 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. Copyright 2011, MURTHY LAW FIRM. Toronto, Ontario M5C 1C4 Thank you indian_ocean. This behavior seems to be common. While she was waiting, she obtained a masters degree in computer science. Youll have to compare your priority date to the final action dates that are posted in the visa bulletin. Provide any additional information if required. There is no easy way out, just need to wait for things to get normal. It may not display this or other websites correctly. 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 . 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. 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). As such, people who are stuck in the backlog have the opportunity to apply for work authorization and get it much sooner. 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. It would then be held until the final . senior housing bloomfield, nj. 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. . USCIS clarified that if the child applies for a green card under the Dates for Filing chart (prior to the date of visa availability according to the Final Action Dates chart), the child would meet the "sought to acquire" requirement; noting that child applicants who file based on the Dates for Filing chart may not ultimately be eligible for . It may be many years before her priority date is current. This is the same case with current October 2020 Visa Bulletin as well. 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. If the advancement is an unusual circumstance (such as occurred in the summer of 2007), waiting may be risky, as retrogression is highly likely. 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. Lawyers suggestion is to avoid moving companies when date movement is rapid unless one qualifies for ac21 porting, https://www.avvo.com/legal-answers/is-there-a-time-limit-for-filing-i-485-from-the-ti-4054517.html. Final Action Dates are used most commonly for filing applications for adjustment of status with the USCIS during the remainder of the year after the passing of the first months. The applicants with status of Documentary complete are the ones that consulates report to Visa Office for Visa number predictions. Start new topic. What happens when Final Action Date is current ? You don't have to wait for the government to call you after you notice this. This is an important date because once the immigrant visa number is available, the foreign nationals physical green card can be issued. 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. GUIDE to Travel to US with valid Visa on Expired Passport ? I have H4/L2 Kid under 21 years: In cases of H4 children, we strongly suggest filing a new EB2 i485 always. #workvisa #greencard #ead #485, Go to company page For example, July Visa Bulletin is most likely published between June 10 th and 15 th. All rights reserved. On that bulletin, people can see two types of dates: filing date charts and final action date charts. Usually, you see USCIS ask applicants to use Dates for Filing in the beginning months of the Fiscal year start (October, November). 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. 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. Historical counts of Denials, Abandonments and withdrawals. 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 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 . My father petitioned my brother with a Priority Date of 10/28/2005. Green card reporting is taken care of by the Visa Office (VO) part of the U.S. Department of State (DOS). It is the day that the USCIS receives your green card petition. Just passing by to tell that I finally understood the difference between these two, thank you so much!!! This makes it possible to have more applications ready in the queue to meet the whole years demand. This page was generated at 05:29 PM. If you have any questions, send us an email at [emailprotected]. 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. Copyright 1999-document.querySelector("#footer-year").innerHTML=new Date().getFullYear(); immihelp.com. Generally, the dates are 8 to 12 months before the expected Final Action Dates. 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'. Add your thoughts in comments below. Sign and return that note if you wish to accept the loan offer. First Notice of Action (NOA): 1 to 5 weeks. 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. 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. Our attorney said that if the priority date was not current they usually do that. sell my timeshare now phone number what happens when final action date is current? No. This is where the DOS Visa Bulletin comes into the picture. 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 . what does y mean in rubik's cube algorithms . what happens when final action date is current? When my father died in 2013, I reported to my lawyer and I dont know now what the lawyer did. Unless the priority date of the applicant is earlier than the visa bulletins listed Final Action Date, no green card can be issued. How Do I Know If USCIS Received My Application? The entire prediction process is quite difficult, so many people may not understand it. While it is permissible to file the I-485 as soon as ones priority date becomes current, this is not a requirement. 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. Thanks Nagesh. This is a process by which you can adjust your status from nonimmigrant to immigrant. This is essentially where the DOS is when it comes to processing petitions. Why they move back and forth and how it impacts the priority dates. 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. 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 . I-485 Application to Register Permanent Resident or Adjust Status, H-1B Lottery Rule Changes Could See Reversal, March 2023 Visa Bulletin: Analysis & Predictions, Unmarried children under 21 of U.S. citizens, Parents of U.S. citizens who are at least 21, Widows and widowers of U.S. citizens (provided that the petition was filed within two years of the death of the citizen). Wells Fargo, Go to company page 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. Thanks. Equipment. Else you will have to get it via FOIA, This is right. Moreover, the job offer must generally continue to exist throughout the life of the case, and it is expected that the foreign national will continue to work in the sponsored employment for a reasonable period following approval of the I-485. I hmy final action date is current and I had finger print processing in Jan 2021 and got my EAD. They usually look at their pending applicants count with them and forecast, if they have any shortage of applications. If the EB-2 final action date for India is current, then Martha can adjust her status or use consular processing as soon as her petition is approved rather than wait several years. The greatest risk in delaying is that the opportunity may be lost. 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. IMPORTANT UPDATE: There is a significant advancement of Priority Dates in EB-3 India category in October 2020VISA BULLETIN. How to Apply for H4 EAD? 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 ? Instead, you can contact the NVC and ask for the appropriate instructions. Hi , there has not been any movement in the Final action dates for F4 category in October and November. Age at Time of Visa Availability Pending Time = CSPA Age Approval Date Filing Date = Pending Time. I hope you have received your green card by now! 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. This is due to the fact that some countries submit many more petitions than others. If this is your first visit, be sure to The determination of the actual monthly final action dates is subject to fluctuations in applicant demand and a number of other variables impacting processing. US Department of State introduced the concept of Final Action Dates and Dates for Filing only from October 2015 Visa Bulletin. 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. There has been no movement on my case so far. As mentioned above, labor certification filings are based on a specific job offer. What happens when Final Action Date is current ? #Eb3 #visabulletin #nurses #immigration #immigrationupdate --If you are an RN who wants to live and work in the USA, please visit our website to apply: http. 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. The date on final action date is still in June 2016 so I made that assumption that it would take at least a year for my PD becomes current. This can either be through your current employer or with a new one. mcgilley state line obituaries. 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. 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. London TW1 1JT The first route is called adjustment of status. The USCIS may also use the dates of filing to ask green card applicants in the U.S. to submit their Adjustment of Status applications. 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. 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. Berardi Immigration Laws award-winning immigration lawyers bring experience and knowledge to your immigration case with a personal touch. 1. The job offer must exist at the time of the I-485 filing. We take a holistic underwriting approach to determine your interest rates and make sure you get the lowest rate possible. Speak with your immigration attorney to learn more. These issues should be discussed with an experienced, qualified immigration attorney, who can provide guidance in such matters. I have read a couple of posts from people that said that took up to 3 months after PD became current. Cannot be construed as legal advice. When will the National Benefits Center begin reporting Form I-485 processing times? They will predict the number of Green Cards available for the upcoming months, until the end of fiscal year, based on below three data points. 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. The priority date represents the foreign nationals place in line for a green card. At this stage priority date between oct01-mar02 does not matter. My filing date is current for 3+ years now. Is it because of the visa bank and interviews not being scheduled? A priority date determines a person's position in line for an immigrant visa. When can you Apply for H1B Visa Stamping after Petition Approval? Since the Final Action Date was not current, we did not get an approval and the document the officer gave us said they were unable to make a decision at that time. Guide How does it work? The above final action date projections for the Family and Employment categories indicate what is likely to happen on a monthly basis through January. How Are Green Card and Immigrant Visas Counts Reported? A green card cannot be issued unless the applicant . Can his current employer C do something or he has to go back to previous employer A? Once NVC receives all the documents in step 9 and they will mark them as Documentarily Complete. Six conference tournaments will be in action Friday as the weekend arrives and we get closer to seeing the first automatic bids to the NCAA Tournament secured. 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. Also, they will help schedule interviews for immigrant visas based on the final action dates by working with the U.S. consulates. 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 your application meets the eligibility criteria, the lender will contact you with regard to your application. The date is current in DOF and USCIS allows: You can file i485, i765, and i131. This is not due to any prejudice on the part of the Department of State. This article will serve to educate you about what green card priority dates are, how they work, why the wait is so long, and what your options are when it comes to shortening your waiting time. Nov 2018 - Package sent - EB - Texas Service Center. There is no actual time limit governing how long a person could wait to move forward with an I-485 filing. Lets take a look at the example again: Martha applied for an EB-3 as a software developer. If the job offer is lost or the business shuts down prior to the I-485 filing, the case will end. 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. Lets look at them. What should you do with your priority date? Microsoft, Go to company page This site uses cookies to help personalise content, tailor your experience and to keep you logged in if you register. [There is an exception to this under the American Competitiveness in the Twenty First Century Act (AC21). New, Renewal? 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 ? Seek new employment if you have remaining H-1B time and file new PERM and I-140. Categories: Green CardsLive In The USWork In The US, Tags: employment based green cardGreen_Card_Marriagevisa bulletin. A few differences can be seen between the Dates for Filing and Final Action Dates. Confirm all security and background checks are completed; 3. Immediate relatives include: Immigrant visas for immediate relatives of U.S. citizens are unlimited, so they are always available.. USCIS informs public at www.uscis.gov/visabulletininfo on what dates to use for submitting adjustment of status applications. Retrogress? 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. You must log in or register to reply here. Green card applicants will be informed by the NVC when they will get current priority dates based on the Visa Bulletins Final Action Dates. So, Is my filing date Oct 2020 ?? All Rights Reserved, In a consultation, an attorney can provide answers to your questions, or you may engage our firm for your immigration process. 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. Yes. 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 . The NVC receives the green card applications after the USCIS approves them. 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. People can find out from www.uscis.gov/visabulletininfo which dates they should use to submit applications for adjustment of status. @gNsj26 : are you saying that because u switched jobs your new perm is in process for over a year and then you will file 485 now ? Depending on the month of the year and movement of priority dates, USCIS suggests which charts to use for filing adjustment of status. USCIS processes all I-485s. That's great! This is an important date because once the immigrant visa number is available, the foreign national's physical green card can be issued. Below are the things that you can do depending on your situation. Will this rapid movement be continue which help to move dates for filling become current? 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. contact our office to schedule a consultation. 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. US Department of State publishes the Visa Bulletin every month that summarizes the green card numbers availability by category and movement of priority dates. 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. Legal services are subject to a separate attorney agreement between VisaNation Law Group PLLC (formerly SGM Law Group PLLC) and you. After which, your passport will be taken and then mailed back to you with a green card inside. Would the person risk loosing out filing for GC forever ? Speak with your immigration attorney to see if green card porting is appropriate for your case. Co. So , in order to best utilize this opportunity to get his greencard and EAD, what would be suggested course of action for him? The process of prediction is pretty complicated. When your final action date becomes current, you would see "Current" or "C" in the Visa Bulletin. Delaying ones filing can also delay eligibility for promotions and job changes. If you have any questions about navigating the visa bulletin or are looking to become a lawful permanent resident in the U.S., pleasecontact our office to schedule a consultationwith one of our attorneys today! If priority date becomes current within first 1-2 months of joining company , is that a lost opportunity . They can also file applications for green cards with USCIS without having to wait. Opinion only. This date shows what your priority level is according to the Department of State. 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. 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. Unfortunately, there is no ability to extend an H-1B that is already beyond the six-year limit any further. While it is permissible to file the I-485 as soon as one's priority date becomes current, this is not a requirement. -One-page form (PTO/SB/434) filed with After . USCIS allows green card applicants inside US to apply for adjustment of Status to get Green Card, when their priority date is current.