There was only one chart and one date, which was just called priority date. Salesforce, Go to company page Why is your priority date important? . This is called visa retrogression, which occurs when more people apply for a visa in a particular category . 2023 Berardi Immigration Law. How Do I Know If USCIS Received My Application? 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. Everyone from that specific country and category can file for their green card and enjoy quick processing. 2023 VisaNation, Inc. All Rights Reserved. Why do Dates for Filing and Final Action Dates fluctuate? This makes it possible to have more applications ready in the queue to meet the whole years demand. In this post, we will take a look at the final action date vs filing date and analyze their differences. 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. 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. When your priority date becomes current in that present month's Visa Bulletin, you are then eligible for either adjustment of status or to pursue your immigrant visa abroad. 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. When your final action date becomes current, you would see "Current" or "C" in the Visa Bulletin. 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. Thats why its always best to discuss your situation with a qualified and experienced immigration attorney to ensure that you are making the right decisions when it comes to your green card. As you read from above, there are many factors considered for prediction of the green card applications required to meet the numerical limit. Answer (1 of 3): Green Card The steps you must take to apply for a Green Card will vary depending on your individual situation. End of Sentence for Entering Canada with a Criminal Record? If priority date becomes current within first 1-2 months of joining company , is that a lost opportunity . US Department of State introduced the concept of Final Action Dates and Dates for Filing only from October 2015 Visa Bulletin. To get in touch with our office, you can fill out this contact form and schedule a consultation with us today. When will the National Benefits Center begin reporting Form I-485 processing times? I hope they become current soon! Final Action Dates and Dates for Filing are two different things, but what exactly are the differences between them? 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. The Department of State has an annual limit on the number of green cards it distributes to any country from any category (e.g. Is it possible to continue to extend the H-1B? Attorneys at the Murthy Law Firm are available for consultation on these matters. 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. This is essentially where the DOS is when it comes to processing petitions. Your I-485 (green card application) will be denied. Oct 2020 bulletin , the filing date for India is Jan 1 2015 for EB3. 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. 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 if you are unable to file your I-485 application for adjustment of status within one year of your Final Action Date becoming current, such as the situation when you are no longer with the employer that sponsored your labor certification and I-140 petition? It may be many years before her priority date is current. 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. 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. NVC will also notify the applicants that their application is Documentarily complete. CONCEPT. meaning that the priority date must be current. All Rights Reserved, In a consultation, an attorney can provide answers to your questions, or you may engage our firm for your immigration process. Also, the NVC will tell applicants that their application is Documentarily complete. I-140 petitions do not expire. I have H4/L2 Kid under 21 years: In cases of H4 children, we strongly suggest filing a new EB2 i485 always. Depending on how the above three numbers vary, you would see movement of the priority dates. 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. What is Dates for Filing in Visa Bulletin? 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. 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. This can either be through your current employer or with a new one. The other option is to go through consular processing, which involves making an appointment with the U.S. Consulate or Embassy in your home country. Someone usually must file an immigrant petition for you (often referred to as. Then it's time to move forward with the process of getting your immigrant visa or green card. So what is a priority date? How do I find out the status? Why Is It Longer For Some Countries Than Others? 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. The Visa Office (VO) that is part of US Department of State (DOS) handles the green card numbers reporting and prediction. 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. 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. Please note: These wait times can change every few weeks as USCIS/DOS receives more applications. Your name check needs be cleared by the time they take your I-485 file. Question: For those cases transferred to NBC, if the priority date is current under the "Final Action Date," please advise how an applicant could follow up with the USCIS. Microsoft, Go to company page They are asked by the USCIS to use the Dates for Filing in the first months of that current fiscal year. 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. 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). here the Filing date, Is this the date of i-485 filing? Any exceptions for a certain month will be mentioned in the Visa Bulletin and specified to use filing dates. You must wait until your priority date is current with the final action dates posted by the Department of Homeland Security. First Notice of Action (NOA): 1 to 5 weeks. but, they will 'hold off' on issuing an approval until it becomes current. Based on current USCIS processing times, an initial application for an H-4 EAD can take up to 8.5 months to be issued. 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. Our attorney said that if the priority date was not current they usually do that. Usually, you see USCIS ask applicants to use Dates for Filing in the beginning months of the Fiscal year start (October, November). To adjust your status, you will need to submit an I-485 Application to Register Permanent Resident or Adjust Status with the USCIS, pay the fee that varies based on your age, and wait approximately six months to have it approved. It has Dates for Filing charts and Final Action Dates charts. On the other hand, when cutoff dates are moving forward routinely, there is less likelihood of significant and extended retrogression. what happens when final action date is current? what does y mean in rubik's cube algorithms . It may not display this or other websites correctly. Most people that petition for a green card have a priority date. he doesnt have I140 approved from current employer C yet. This is a great space to write long text about your company and your services. #workvisa #greencard #ead #485, Go to company page 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. nagesh, This totally depends on the location, if you have already submitted medicals and if they would call for an interview. The good news is that many U.S. employers prefer premium processing, which will expedite the overall processing time. 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. This is due to the fact that some countries submit many more petitions than others. My interview was October 31st 2018 until this moment my status still remains at interview was scheduled i called them so many times and they would not give me any information. My Priority Date is Current, Am I Eligible for Additional H-1B Extensions? 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. Add your thoughts in comments below. 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. 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. Applicants require this information so they can file a Service Request if the Form I . I hope this is not . There is also a risk of retrogression. HOW TO READ THE VISA BULLETIN // If you're trying to figure out how to read the visa bulletin, this video is for you. contact our office to schedule a consultation. Also, with two dates, US Dept of State would be able to more accurately predict the demand and supply of Green Card numbers. Most of the time, the NVC uses the dates for filing to let immigrant visa applicants know that they should get ready to submit the relevant documentation for their interviews at the U.S. Consulates. CEAC Website, Errors Info. 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 . Assuming you do not have an I-485 pending from your EB3 case, AC21 portability is not really a factor (i.e. The Visa Bulletin is released by the U.S. Department of State every month. 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. Citizenship and Immigration Services local field offices are required to undertake the following steps: 1. Another provision of AC21 may allow continued extensions of H-1B status in one-year increments according to Section 106(b). Spray Foam Equipment and Chemicals. Green card applicants will be informed by the NVC when they will get current priority dates based on the Visa Bulletins Final Action Dates. Thanks. In general, each of these high-level categories has many sub-categories that are identified by Green Card Category Codes like E11, E12, IR1, etc. The first route is called adjustment of status. This is essentially where the DOS is when it comes to processing petitions. That's great! Anyone knows how lawyers recommend handling this situation? 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. 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. NVC does not process I-485s. 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. 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. Also, they get the number of pending applications of adjustment of status from USCIS. If Manuel had checked the Bulletin for February of 2023 . This will help you better understand how the Dates for Filing and Final Action Dates movement in next sections. 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. 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). This is because the marriage green card is in a separate category called immediate family. If there are any exceptions for any month, they will specify them at www.uscis.gov/visabulletininfo to use filing dates. Keep this data handy in case you need to compare it to the dates in this bulletin. Therefore, you will have to wait until they have processed all of the petitions that were submitted prior to yours before your petition will be processed. 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. Your use of this website and our software platform are subject to VisaNation Inc.'s privacy policy and terms of use. Also, if you are in the process of considering petitioning for a green card, the idea of having to wait decades could be terrifying. This is an important date because once the immigrant visa number is available, the foreign national's physical green card can be issued. Background for Dates for Filing & Final Action Dates. Thanks. that are used for detailed allocation. There will either be a "C" or a date in the box where your column meets your row. It is the day that the USCIS receives your green card petition. B1/B2, H1, F1? Delaying ones filing can also delay eligibility for promotions and job changes. The entire prediction process is quite difficult, so many people may not understand it. 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. Unfortunately, there is no ability to extend an H-1B that is already beyond the six-year limit any further. 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. 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. I hmy final action date is current and I had finger print processing in Jan 2021 and got my EAD. I guess you've got no I-485 RFE ? Just keep waiting. Lets take a look at the example again: Martha applied for an EB-3 as a software developer. Usually, Dates for Filing are used during the fiscal years first few months, such as October and November. There is no actual time limit governing how long a person could wait to move forward with an I-485 filing. 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. The case may be filed at a later time, as long as all requirements are met at the time of that later filing. The priority dates that were used before introduction of two separate dates are nothing but the final action dates. AC21 is beyond the scope of this article, but extensive information is available by searching AC21 on www.murthy.com.]. 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.. 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 ? Save my name, email, and website in this browser for the next time I comment. For example, below is what was used in October 2020, where it says to use Dates for Filing. If you have any questions, send us an email at [emailprotected]. When my father died in 2013, I reported to my lawyer and I dont know now what the lawyer did. what happens when final action date is current? Note that, while your priority date is set and does not move, the final action dates change from month to month. I am in the same boat as you are. Thank you indian_ocean. While it is permissible to file the I-485 as soon as ones priority date becomes current, this is not a requirement. provided the dates are not moved backward.. Whats the prediction going forward at least for EB3 category? 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. 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 . This is a process by which you can adjust your status from nonimmigrant to immigrant. Those with questions regarding case timing and I-485 filings should seek advice from a knowledgeable and qualified immigration attorney. No. with 15 years of experience practicing US immigration law providing services to U.S. businesses and multinational corporations. If you are considering downgrading your petition from EB-2 to EB-3, read THIS ARTICLE. I-485 Issues Common to All Services Centers, Visa Bulletin and Priority Dates Retrogression Iss. We have to wait and watch. . We hope this post was helpful in this regard so you can have a smooth application process. The final action date for an oversubscribed category is the priority date of the first applicant who could not be reached within the numerical limits. The Form I-485 processing time is long, and the wait can be difficult. 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. If an employer waits until the priority date is current to file the H1B extension, there is eligibility for only a one-year extension. Is it because of the visa bank and interviews not being scheduled? I have filed the I-485 during Oct 2020 ( based on the Filing date chart in Oct 2020 Visa Bulletin). Not sure which I-485s are processed by NVC, do they do only consular processing or regular processing too? Lets review, what they mean for NVC, Consulates and USCIS. 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. 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). Start new topic. 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. 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. My father petitioned my brother with a Priority Date of 10/28/2005. what happens when final action date is current? While this sounds like an optimal situation and it is technically possible, there are some things to note before getting started. 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 . Depending on the month of the year and movement of priority dates, USCIS suggests which charts to use for filing adjustment of status. Co. what happens when final action date is current? 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. You may also watch the YouTube video on Dates of Filing vs Final Action Dates that covers the details in this article. Final Action Dates and Filing Dates are not the same, and you must know the differences if you are a green card applicant. How Are Green Card and Immigrant Visas Counts Reported? This may prevent the applicant from filing the I-485 when the priority date becomes current. I agree. Make sure to get a copy of 140 from your employer. This is the same case with current October 2020 Visa Bulletin as well. For others, it could be risky, potentially causing them to lose the opportunity for a long time. 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. I-485 Approvals Possible: Impact on Spouses / Children without Filed I-485s. For each category and for each country, there is a date that is called the final action date. USCIS processes all I-485s. 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. All rights reserved. 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 . Therefore, while family- and employment-based green cards are often not immediately available, green cards for immediate relatives do not require you to wait for your priority date to be current. The Department of State usually releases new visa bulletin two to three weeks ahead. Not sure what a priority date means? Generally, the dates are 8 to 12 months before the expected Final Action Dates. 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. 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). There has been no movement on my case so far. Among these is one important series of questions concerning when one must file the adjustment of status (I-485) application. One of the most common reasons among MurthyDotCom and MurthyBulletin readers involves marriage plans. Residence senior - Niort 79; Residence senior - Rochefort 17 Will this rapid movement be continue which help to move dates for filling become current? JavaScript is disabled. So the bottom line is LUD never changed since August 05 and suddenly 4 LUD in past 10 days.