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I-485 Approvals Possible: Impact on Spouses / Children without Filed I-485s. 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. Not affiliated with any government agency. A green card cannot be issued unless the applicants priority date is earlier that the Final Action Date listed on the visa bulletin. Our experience suggests that very often an I-485 application will be adjudicated (approved) or issued a request for evidence (if required) within two to four . There's no way to know exactly when, so . USCIS processes all I-485s. It doesnt matter which green card you applied to before or which you are pursuing now, you are essentially starting from scratch on all aspects except for the priority date. Toronto, Ontario M5C 1C4 Newport Beach, CA 92660, 18 King Street East, Suite 1400 All Rights Reserved, In a consultation, an attorney can provide answers to your questions, or you may engage our firm for your immigration process. AC21 Job Change if Priority Date may Become Current 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. Green card reporting is taken care of by the Visa Office (VO) part of the U.S. Department of State (DOS). 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. You can check https://visagrader.com/uscis-processing-times/i-485-eb to know processing times history by location. This option is available to all but mandatory for those that are not under a nonimmigrant visa status at the time of the approval of their petition. When can you Apply for H1B Visa Stamping after Petition Approval? Don't hold your breath. To get in touch with our office, you can fill out this contact form and schedule a consultation with us today. The Department of State usually releases new visa bulletin two to three weeks ahead. . The NVC uses Dates for Filing from Visa Bulletin to notify applicants to start submitting the documents and work with them for all the required steps to make them ready for green card interview. When assessing this risk, it is necessary to consider the reason for the cutoff date advancement. 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. Both routes can be advantageous based on your situation. What happens after my priority date becomes current? Salesforce, Go to company page USCIS uses final action dates as the default priority dates asking green card applicants to apply for Adjustment of status. 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 ? First Notice of Action (NOA): 1 to 5 weeks. Yes. 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. Also, with two dates, US Dept of State would be able to more accurately predict the demand and supply of Green Card numbers. How are Green Card or Immigrant Visas count Reported, Predicted? Medallia. Based on current USCIS processing times, an initial application for an H-4 EAD can take up to 8.5 months to be issued. The dates of filing may also be used by USCIS asking Green Card applicants in US to submit applications for Adjustment of Status. 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. Interesting. 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 . dave chappelle: the closer vinyl. NVC does not process I-485s. Current Priority Date - U.S. Embassy in Bangladesh Our attorney said that if the priority date was not current they usually do that. 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. My father petitioned my brother with a Priority Date of 10/28/2005. Depending on how the above three numbers vary, you would see movement of the priority dates. New deadline to respond to office actions for trademark applications 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. This is called visa retrogression, which occurs when more people apply for a visa in a particular category . The length of time could be significant. During h1b transfer, the lawyer of the new company said my h1b could be denied because of this rule. No. That is when the priority date is said to be current: One other question, Do we have to take the medicals again because of the delay in final action dates, even after it was submitted (and accepted without RFE) before the completion of USCIS interview. You may also watch the YouTube video on Dates of Filing vs Final Action Dates that covers the details in this article. If you see below chart of Immigrant Visa Process, the steps from Step 2 to Step 9 are done by NVC for applicants who are applying for Green Card (immigrant visa) from outside of US. 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. 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. 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. Once NVC receives all the documents in step 9 and they will mark them as Documentarily Complete. What Happens After I-485 Interview When The Priority Date Is Not Current? If an employer waits until the priority date is current to file the H1B extension, there is eligibility for only a one-year extension. The Visa Bulletin: Final Action Dates vs. Dates for Filing 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. I have filed the I-485 during Oct 2020 ( based on the Filing date chart in Oct 2020 Visa Bulletin). This is beneficial because it can allow foreign nationals who are stuck in the backlog to apply for and obtain work authorization much sooner than if they had to wait for the priority date to be current under the relevant Final Action Date. Other individuals may have suffered a denial at either the labor certification or the I-140 stage. Citizenship and Immigration Services (USCIS) posts a condensed version of the visa bulletin on its website and specifies which chart certain foreign nationals should use to determine when their priority date becomes current. So , in order to best utilize this opportunity to get his greencard and EAD, what would be suggested course of action for him? This is essentially where the DOS is when it comes to processing petitions. sell my timeshare now phone number what happens when final action date is current? meaning that the priority date must be current. No action was taken since I wasnt sure if I wanted to continue the petition thru me. what happens when final action date is current? These are the dates the National Visa Center (NVC) uses to notify green card applicants that they can start getting documentarily qualified. Seek new employment if you have remaining H-1B time and file new PERM and I-140. Why is your priority date important? No the office didn't say anything. 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. Dates for Filing refers to the earliest dates that a green card applicant may apply for their green card. If you are considering applying for a personal loan, just follow these 3 simple steps. Would the person risk loosing out filing for GC forever ? What is Dates for Filing in Visa Bulletin? For a better experience, please enable JavaScript in your browser before proceeding. Copyright 1999-document.querySelector("#footer-year").innerHTML=new Date().getFullYear(); immihelp.com. So what should you do if youre looking at decades of waiting time for your priority date. 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. However, that requires that the I-485 remain pending for at least 180 days. Submit the required documentation and provide your best possible application. Apply online for the loan amount you need. Beginning December 3, 2022, trademark applicants will have three months (with an optional three-month extension), instead of the current six months, to respond to office actions issued during the examination of a trademark application at the United States Patent and Trademark Office (USPTO). All Rights Reserved. See below how it looks in a diagram. 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. 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. 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 . 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. immihelp.com is private non-lawyer web site. Visa Bulletin For February 2021 - United States Department Of State Usually, you see USCIS ask applicants to use Dates for Filing in the beginning months of the Fiscal year start (October, November). Hire Us. For others, it could be risky, potentially causing them to lose the opportunity for a long time. 2. 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 . 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. 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. There is no actual time limit governing how long a person could wait to move forward with an I-485 filing. Can his current employer C do something or he has to go back to previous employer A? Still Disadvantaged Even When Your Priority Date Becomes Current So the bottom line is LUD never changed since August 05 and suddenly 4 LUD in past 10 days. Visa Bulletin - Everything U.S. Visa Applicants Need to Know - Kozycki Law My filing date is current for 3+ years now. Your name check needs be cleared by the time they take your I-485 file. Someone usually must file an immigrant petition for you (often referred to as. -Current version of program (AFCP 2.0) available since 2013, now extended through September 30, 2016. But for your easy understanding, we have tried to simplify it as below. The date is current in DOF and USCIS allows: You can file i485, i765, and i131. How long does it take for card approval after PD becomes current (EB1C October 2021 Visa Bulletin Insight: Retrogression Likely For Some How Do I Know Which USCIS Service Center? Those with questions regarding case timing and I-485 filings should seek advice from a knowledgeable and qualified immigration attorney. 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. They are asked by the USCIS to use the Dates for Filing in the first months of that current fiscal year. What if the labor certification was filed less than 365 days before the six year limit was reached and the priority date is now current? 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. Once the priority date becomes current the foreign national may apply for their physical green card. In this post, we will take a look at the final action date vs filing date and analyze their differences. I would like to know if anyone's I-485 application with Dallas FO after transfer from NBC to Dallas Fo on July 20th. USCIS usually has a large pool of Green Card applicants that are pending with them and waiting for priority date to be current for issuance of green card. But what is the difference between them? 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 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. Let's say that the priority date of the applicant is the 1st of December, 2010 and that the final action date is the 22nd of December, 2010. It has Dates for Filing charts and Final Action Dates charts. In cases, where they believe they do not have enough applications to fill the total numerical limit by end of fiscal year( next year September), they will ask green card applicants to use Dates for Filing to submit the adjustment of status applications. Also, they get the number of pending applications of adjustment of status from USCIS. 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. or i can file anytime after I come over to USA ? You may have heard of them or you may even be currently waiting for your priority date to be current right now. Your personal information is protected by our Privacy Policy. 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. How VisaNation Law Group Attorneys Can Help. If this is your first visit, be sure to Final action dates are the dates that are most commonly used by applications for filing adjustment of status applications with USCIS during rest of the year after first few months. As you read from above, there are many factors considered for prediction of the green card applications required to meet the numerical limit. Meanwhile, Final Action Dates show when there are actual available green card numbers for a certain category and country. "C" means "current," in other words, that there is no more wait and you can file your adjustment application now. 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. Your use of this website and our software platform are subject to VisaNation Inc.'s privacy policy and terms of use. Your child gets CSPA protection only if the date got current in the Final action chart. . 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. 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? What happens when Final Action Date is current ? PD Date is current in DOF but USCIS disallows: You cannot do anything. You can choose an autopay method online to help you pay on time every month. When the dates for filing show as C or Current, it means that the foreigner doesnt have to wait anymore to apply for a visa interview at the U.S. consulate in their country for the immigrant visa. This is where the DOS Visa Bulletin comes into the picture. Hi. 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. 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. 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. Depending on the month of the year and movement of priority dates, USCIS suggests which charts to use for filing adjustment of status. If Manuel had checked the Bulletin for February of 2023 . what happens when final action date is current? While she was waiting, she obtained a masters degree in computer science. This is an important date because once the immigrant visa number is available, the foreign nationals physical green card can be issued. WHAT TO DO WHEN YOUR PRIORITY DATE BECOMES CURRENT - YouTube Most likely, once your RFE is responded by you, then as soon as ur date becomes current in table, you should see 485 approved and GC delivered in same month when final action date is current. From project selection to the final green card, our experienced team assists and advises investors throughout the EB-5 process. Concurrently, these reports are obtained from the U.S. consulates and Embassies from all over the world. It is essentially like starting over from scratch. The priority date represents the foreign nationals place in line for a green card. You can find your priority date on the I-797 form mailed by USCIS approving your I-130 petition. what does y mean in rubik's cube algorithms . So, Is my filing date Oct 2020 ?? According to the regulations revised in 2017, an H-1B worker is generally ineligible for continued extensions beyond the six year limit if he or she is the beneficiary of an approved I-140 immigrant petition and fails to file an adjustment of status application within 1 year of an immigrant visa being authorized for issuance based on his or her preference category and country of chargeability. If the advancement is an unusual circumstance (such as occurred in the summer of 2007), waiting may be risky, as retrogression is highly likely. Speak with your immigration attorney to learn more. what happens when final action date is current?filipino ethnocentrism 5 examples Yes! what happens when final action date is current? One of my friend is on H1b Visa and have I-140 approved from previous employer A under Eb2 category. See what other people are asking and the advice they're getting. EB-3 green cards to Chinese citizens). We will look more details below, lets dive into the dates of filing and final action dates and how they move. 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. By NJ80, January 30, 2012 in AOS & CP : General. To make it easier for foreign nationals to track their place in line, U.S. 2023 March Madness: Conference tournaments underway, brackets 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. what happens when final action date is current? it deals with people transferring employers after an I-485 has been pending for at least 180 days.) Youll have to compare your priority date to the final action dates that are posted in the visa bulletin. Also, Visa Bulletins after the first few months of the USCIS fiscal year will tell everyone to use final action dates. 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 . Once your "priority date" becomes current, you can apply for your immigrant visa at a U.S. Consulate, or if you are in the U.S. in valid status or are otherwise eligible, through Adjustment of Status. When marriage plans are uncertain, it is not uncommon to defer the I-485 filing. 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. How Do I Know If USCIS Received My Application? If your priority date is on or before the cutoff date . Not sure which I-485s are processed by NVC, do they do only consular processing or regular processing too? What happens if I filed my I-485 application previously but my priority what happens when final action date is current? The National Visa Center (NVC) uses these dates to let green card applicants know that they can finally start getting qualified documentarily. It may be many years before her priority date is current. 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 ? However, others will have to wait until the final action date passes their priority date in order for their priority dates to be considered current. PDF After Final Practice and Appeal - Mintz Priority Date: Check USCIS Processing Times or Visa Bulletin but, they will 'hold off' on issuing an approval until it becomes current. The first route is called adjustment of status. 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. Applicants require this information so they can file a Service Request if the Form I . In reality, your employer will need to file an completely new petition, fees, and obtain a new PERM Labor Certification on your behalf. If you are new to the Green Card process and have not heard some of the terms like country caps, priority dates or numerical limits, read Green Card Numerical Limits, Country Caps, Priority Date to get an idea. 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. If priority date becomes current within first 1-2 months of joining company , is that a lost opportunity for that individual ? Berardi Immigration Laws award-winning immigration lawyers bring experience and knowledge to your immigration case with a personal touch. We have to wait and watch. This is what makes the date so important. 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. Conduct the adjustment of status interview; 2. youll need to file your I-485 application for adjustment of status within one year of your Final Action Date becoming current (if outside the US, you would need to apply for an immigrant visa within one year).