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'. Instead, you can contact the NVC and ask for the appropriate instructions. Opinion only. This date shows what your priority level is according to the Department of State. Apply online for the loan amount you need. This is the same case with current October 2020 Visa Bulletin as well. This makes it possible to have more applications ready in the queue to meet the whole years demand. 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). [There is an exception to this under the American Competitiveness in the Twenty First Century Act (AC21). his priority date is Nov 2014. Microsoft, Go to company page This may prevent the applicant from filing the I-485 when the priority date becomes current. Watch this thread Start a new thread Add a post. Any idea how long it takes to get gree card interview with . Answer (1 of 3): Green Card The steps you must take to apply for a Green Card will vary depending on your individual situation. She is a member of the American Immigration Lawyers Association and Society for Human Resource Management. Will this rapid movement be continue which help to move dates for filling become current? Speak with your immigration attorney to learn more. By NJ80, January 30, 2012 in AOS & CP : General. Lets look at them. 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if you previously filed your I-485 adjustment of status application but your priority date has retrogressed and is no longer current, the U.S. This is an important date because once the immigrant visa number is available, the foreign nationals physical green card can be issued. 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. 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 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 priority date becomes current within first 1-2 months of joining company , is that a lost opportunity . However, here is the general application process that most applicants will go through: 1. 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. 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. 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. Your personal information is protected by our Privacy Policy. Note that, while your priority date is set and does not move, the final action dates change from month to month. here the Filing date, Is this the date of i-485 filing? When will the National Benefits Center begin reporting Form I-485 processing times? Else you will have to get it via FOIA, This is right. Usually, you see USCIS ask applicants to use Dates for Filing in the beginning months of the Fiscal year start (October, November). For example, July Visa Bulletin is most likely published between June 10 th and 15 th. Categories: Green CardsLive In The USWork In The US, Tags: employment based green cardGreen_Card_Marriagevisa bulletin. If Manuel had checked the Bulletin for February of 2023 . 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. 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. 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. what happens when final action date is current? 2023 VisaNation, Inc. All Rights Reserved. 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. Did the officer told you that the only reason not to approve was your PD not being current? If you're an immediate relative of a U.S. citizen, you don't need to track the Visa Bulletin. There was only one chart and one date, which was just called priority date. 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. If an employer waits until the priority date is current to file the H1B extension, there is eligibility for only a one-year extension. This is a great space to write long text about your company and your services. . Also, with two dates, US Dept of State would be able to more accurately predict the demand and supply of Green Card numbers. Also, they get the number of pending applications of adjustment of status from USCIS. Co. 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. The 1 year rule usually is only enforced if the I-140 is under NVC jurisdiction. This is what makes the date so important. 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. Furthermore, the Visa Office tends to aggregate the high-level Categories numbers for reporting and prediction, including EB-1, F1, and F2A. . 2. This can be a significant risk, particularly in a period of economic instability. 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. What do you think of the dates for filing and final action dates movement? People can find out from www.uscis.gov/visabulletininfo which dates they should use to submit applications for adjustment of status. The applicants with status of Documentary complete are the ones that consulates report to Visa Office for Visa number predictions. Someone usually must file an immigrant petition for you (often referred to as. See what other people are asking and the advice they're getting. So what should you do if youre looking at decades of waiting time for your priority date. Seek new employment if you have remaining H-1B time and file new PERM and I-140. In other words, if a person's priority date is listed in the Dates for Filing column, their priority date would be current in the Final Action Date column in less than a year. You do not have a priority date set. Many applicants want to file on the first day of the month in which their priority dates become 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. If there is a date shown, that's the "cutoff date." Compare that to your priority date. Questions such as this, about delaying the I-485 filing, are addressed here for the benefit of MurthyDotCom and MurthyBulletin readers. There has been no movement on my case so far. what happens when final action date is current? I485 applied, what happens if dates retrogress? If you are terminated while both the I-140 and I-485 are pending with USCIS AND employer withdraws I-140 petition. 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). Lets look at an example: Martha is an Indian citizen waiting on an EB-3 green card with a priority date in March 2016. Thanks Nagesh. You may notice that the dates for some countries are different from others. Sometimes, a priority date that is current one month will not be current the next month, or the cut-off date will move backward to an earlier date. All Rights Reserved. 1. Your green card can only be approved if the PD date is current in the Final action chart. . Maybe I am just unlucky and you may have better luck. No names are reported, but only the counts of applicants with that status at a consulate or embassy are reported. So what is a priority date? 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 ? 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. #workvisa #greencard #ead #485, Go to company page After which, your passport will be taken and then mailed back to you with a green card inside. For one, it is not porting in the sense that all of your forms and information will simply be transferred to another green card preference level. 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. This page was generated at 05:29 PM. Applicants are then notified by the NVC to start submitting the documents, but the NVC also uses the Dates for Filing Numbers to work with them and help them get ready for their interview. You may also watch the YouTube video on Dates of Filing vs Final Action Dates that covers the details in this article. 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). CEAC Website, Errors Info. I have read a couple of posts from people that said that took up to 3 months after PD became current. Guide How does it work? what happens when final action date is current? If your filing date was current for 3+ years , you would have filed for AOS already right ? Learn what others are saying about us on Google, Yelp, and Facebook or visit us at https://www.stilt.com. Add your thoughts in comments below. 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 ? Lets review, what dates for filing mean for NVC, Consulates and USCIS. 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. There are few scenarios on why dates for filing & final action dates move forward or backward. Because the expiration date of the EAD will be tied to the . . 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 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. 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. JavaScript is disabled. The process of prediction is pretty complicated. They are asked by the USCIS to use the Dates for Filing in the first months of that current fiscal year. Residence senior - Niort 79; Residence senior - Rochefort 17 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. Your use of this website and our software platform are subject to VisaNation Inc.'s privacy policy and terms of use. As you read from above, there are many factors considered for prediction of the green card applications required to meet the numerical limit. While it is permissible to file the I-485 as soon as ones priority date becomes current, this is not a requirement. To calculate when your priority date may . Also, if you are in the process of considering petitioning for a green card, the idea of having to wait decades could be terrifying. It has Dates for Filing charts and Final Action Dates charts. For each category and for each country, there is a date that is called the final action date. I have filed under niw eb2. We responded to the RFE in a month and Interview was scheduled in October. 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. 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. Hi. Don't hold your breath. This site uses cookies to help personalise content, tailor your experience and to keep you logged in if you register. Those with questions regarding case timing and I-485 filings should seek advice from a knowledgeable and qualified immigration attorney. All times are GMT-5. However, there is a catch. Everyone from that specific country and category can file for their green card and enjoy quick processing. The priority date represents the foreign nationals place in line for a green card. How Do I Know Which USCIS Service Center? In this case, can the applicant (through their employer) submit their I-485 applications because their priority date is current based on Dates for Filing Application ? Your child gets CSPA protection only if the date got current in the Final action chart. I-485 Approvals Possible: Impact on Spouses / Children without Filed I-485s. It will help them issue maximum number of Green Cards per year, without wasting them, as per Congress guidance. 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. 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. They will also work with US consulates to schedule immigrant visa interview for these applicants based on the final action dates. Hi. Biometrics? To make it easier for foreign nationals to track their place in line, U.S. Hire Us. 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. Copyright 1999-document.querySelector("#footer-year").innerHTML=new Date().getFullYear(); immihelp.com. Im a firm believer that information is the key to financial freedom. So the bottom line is LUD never changed since August 05 and suddenly 4 LUD in past 10 days. 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. 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. Altho all cases are different. Just passing by to tell that I finally understood the difference between these two, thank you so much!!! 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. 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. Attorneys at the Murthy Law Firm are available for consultation on these matters. Lets review, what they mean for NVC, Consulates and USCIS. You can think these dates as if your position in queue has reached the end and you are ready to get the green card. AC21 is beyond the scope of this article, but extensive information is available by searching AC21 on www.murthy.com.]. Thanks. Most people that petition for a green card have a priority date. 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. 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. Green card applicants will be informed by the NVC when they will get current priority dates based on the Visa Bulletins Final Action Dates. I hmy final action date is current and I had finger print processing in Jan 2021 and got my EAD. The date is current in DOF and USCIS allows: You can file i485, i765, and i131. The reports including the total number of immigrant visa applicants are sent to the Visa Office every month. His previous employer is unable to take him back untill they have a new job for him. senior housing bloomfield, nj. First Notice of Action (NOA): 1 to 5 weeks. Salesforce, Go to company page 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. 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. 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. What is the best possible course of action for him thru his current employer C? Once NVC receives all the documents in step 9 and they will mark them as Documentarily Complete. 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. The case may be filed at a later time, as long as all requirements are met at the time of that later filing. London TW1 1JT 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. It is not like other processing. Travel abroad is another common reason that individuals are not always able to file their I-485s immediately when the priority date becomes current. 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 your category is current, then you can move forward with adjusting your status or consular processing as soon as your petition has been approved. Emily Neumann is Managing Partner at Reddy & Neumann, P.C. Age at Time of Visa Availability Pending Time = CSPA Age Approval Date Filing Date = Pending Time. by | Jul 3, 2022 | small rosary tattoo | Jul 3, 2022 | small rosary tattoo This can either be through your current employer or with a new one. This is called visa retrogression, which occurs when more people apply for a visa in a particular category . How are Green Card or Immigrant Visas count Reported, Predicted? I would like to know if anyone's I-485 application with Dallas FO after transfer from NBC to Dallas Fo on July 20th. 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. 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. The Dates for Filing are the earliest dates green card applicants may apply for a green card. 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 . 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. While she was waiting, she obtained a masters degree in computer science. Your name check needs be cleared by the time they take your I-485 file. However, this is not a written rule and the Visa Office may release a new visa bulletin as early as the 8 th, or as late as the 18 th. On the other hand, when cutoff dates are moving forward routinely, there is less likelihood of significant and extended retrogression. 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 .
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