While it is permissible to file the I-485 as soon as one's priority date becomes current, this is not a requirement. Provide any additional information if required. 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. 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. 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. 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? Final Action Dates and Dates for Filing are two different things, but what exactly are the differences between them? 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. 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 If case action was originally made with EB-2 number was available but the date retrogressed before the case could be adjusted, USCIS would request an EB-2 visa authorization. For a visa to be available, the applicant's priority date must be prior to the Final Action Date listed on the applicable section of the visa bulletin. 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. 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. These are the dates the National Visa Center (NVC) uses to notify green card applicants that they can start getting documentarily qualified. 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. The priority date doesn't matter because there is no annual limit in your category. A few differences can be seen between the Dates for Filing and Final Action Dates. Final Action Dates or Application Final Action Dates refer to the dates when the green card numbers will be available for a particular country and category. No names are reported, but only the counts of applicants with that status at a consulate or embassy are reported. Usually, you see USCIS ask applicants to use Dates for Filing in the beginning months of the Fiscal year start (October, November). Thanks. How Do I Know Which USCIS Service Center? Difference Between Final Action Dates & Dates for Filing? Se (re)sentir chez soi; Des proches rassurs; Rester actif rester vivant; RSIDENCES SENIORS. 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) I was kinda excited today when I saw LUD but disappointed after seeing the same finger print messages. Unfortunately there is way to tell how long it will take. USCIS uses final action dates as the default priority dates asking green card applicants to apply for Adjustment of status. New, Renewal? 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. That is when the priority date is said to be current: This is not due to any prejudice on the part of the Department of State. I hmy final action date is current and I had finger print processing in Jan 2021 and got my EAD. All Rights Reserved. Priority Date Finally Current! How Soon Should I-485 be Filed? When Will Your Priority Date Become Current? | Nolo what happens when final action date is current? USCIS Visa Bulletin Mar 2023 Employment Green Card Dates - USA - AM22Tech How Do I Know If USCIS Received My Application? What is Dates for Filing in Visa Bulletin? What do you think of the way ahead? You can use this space to go into a little more detail about your company. AC21 Job Change if Priority Date may Become Current he doesnt have I140 approved from current employer C yet. May 2022 Visa Bulletin Predictions - Path2USA Final Action Dates and Filing Dates are not the same, and you must know the differences if you are a green card applicant. I have filed the I-485 during Oct 2020 ( based on the Filing date chart in Oct 2020 Visa Bulletin). Sign and return that note if you wish to accept the loan offer. 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 . 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. Start new topic. If a person does not file in December 2011, therefore, even though s/he could do so, the opportunity is not necessarily lost. One of the most common reasons among MurthyDotCom and MurthyBulletin readers involves marriage plans. NVC does not process I-485s. meaning that the priority date must be current. Also, they enable the applicants to submit their important documents and their permanent residence application before the government can approve it. Keep this data handy in case you need to compare it to the dates in this bulletin. My Priority Date is Current, Am I Eligible for Additional H-1B Extensions? check out the. that are used for detailed allocation. Visa Retrogression, or Why Your Priority Date Is No Longer Current 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. Concurrently, these reports are obtained from the U.S. consulates and Embassies from all over the world. 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. tui salary cabin crew. nagesh, This totally depends on the location, if you have already submitted medicals and if they would call for an interview. 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 ? 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. So , in order to best utilize this opportunity to get his greencard and EAD, what would be suggested course of action for him? What it means is that you can go ahead and apply for the next steps to get your green card and there is no wait time. 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. what happens when final action date is current? If ones case is delayed, and the cutoff dates retrogress, the individual then will have to wait until his/her priority date is current again. Is it possible to continue to extend the H-1B? Your green card can only be approved if the PD date is current in the Final action chart. 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 ? What happens when Final Action Date is current ? USCIS allows green card applicants inside US to apply for adjustment of Status to get Green Card, when their priority date is current. what happens when final action date is current? When assessing this risk, it is necessary to consider the reason for the cutoff date advancement. First, when a fiscal year starts in October, Visa Office divides the total annual available Green Card numbers into monthly allotments. 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. 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. In fact, if you petitioned for a family-based or employment-based green card, you most certainly have a priority date. Make sure to get a copy of 140 from your employer. Date For Filing vs. Final Action Date, the Two-Tiered Visa Bulletin A green card cannot be issued unless the applicant . US Department of State introduced the concept of Final Action Dates and Dates for Filing only from October 2015 Visa Bulletin. Applicants in that category and from that country can file the green card and will be processed immediately. There will either be a "C" or a date in the box where your column meets your row. Lets look at them. https://www.uscis.gov/green-card/green-card-processes-and-procedures/child-status-protection-act-cspa, A doubt about the age calculation in CSPA. The process of prediction is pretty complicated. The Department of State usually releases new visa bulletin two to three weeks ahead. Don't hold your breath. If you are considering downgrading your petition from EB-2 to EB-3, read THIS ARTICLE. Another provision of AC21 may allow continued extensions of H-1B status in one-year increments according to Section 106(b). UNITED KINGDOM. I hope this is not . Thank you indian_ocean. 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. However, covid has brought special circumstances and filling and final action dates are moving fast for India. On the other hand, when cutoff dates are moving forward routinely, there is less likelihood of significant and extended retrogression. Retrogress? If priority date becomes current within first 1-2 months of joining company , is that a lost opportunity for that individual ? This is the same case with current October 2020 Visa Bulletin as well. 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. Our attorney said that if the priority date was not current they usually do that. Santosh, Yes, that could be the reason, we do not know for sure. dave chappelle: the closer vinyl. Attorneys at the Murthy Law Firm are available for consultation on these matters. I hope they become current soon! If there are any exceptions for any month, they will specify them at www.uscis.gov/visabulletininfo to use filing 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. RedBus2US.com 2010 - 2023, All Rights Reserved. The first route is called adjustment of status. We hope this post was helpful in this regard so you can have a smooth application process. 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. What is the best possible course of action for him thru his current employer C? Just keep waiting. No action was taken since I wasnt sure if I wanted to continue the petition thru me. 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. 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 . 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. The visa bulletin is published by the U.S. Department of State each month and serves as a waiting list for foreign nationals whose immigrant visas are subject to a yearly quota. AC21 is beyond the scope of this article, but extensive information is available by searching AC21 on www.murthy.com.]. Residence senior - Niort 79; Residence senior - Rochefort 17 Most people that petition for a green card have a priority date. or i can file anytime after I come over to USA ? As mentioned above, labor certification filings are based on a specific job offer. The greatest risk in delaying is that the opportunity may be lost. The date is current in DOF and USCIS allows: You can file i485, i765, and i131. If you're an immediate relative of a U.S. citizen, you don't need to track the Visa Bulletin. Why do I get AOS interview before PD is current? With the July 2020 bulletin out, Im excited to see how India EB1 final action dates are progressing. 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. This is an important date because once the immigrant visa number is available, the foreign nationals physical green card can be issued. 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. contact our office to schedule a consultation. While this sounds like an optimal situation and it is technically possible, there are some things to note before getting started. If you are considering applying for a personal loan, just follow these 3 simple steps. Once NVC receives all the documents in step 9 and they will mark them as Documentarily Complete. 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. 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. Any idea how long it takes to get gree card interview with . I have filed under niw eb2. See below how it looks in a diagram. They will also work with US consulates to schedule immigrant visa interview for these applicants based on the final action dates. 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). . CEAC Website, Errors Info. Both routes can be advantageous based on your situation. I-140 petitions do not expire. 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. Among these is one important series of questions concerning when one must file the adjustment of status (I-485) application. Hi. My Priority Date is Current, Am I Eligible for Additional H-1B For each category and for each country, there is a date that is called the final action date. Not sure what a priority date means? The priority date is earlier (before) the final action date. by | Jul 3, 2022 | small rosary tattoo | Jul 3, 2022 | small rosary tattoo 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. To get in touch with our office, you can fill out this contact form and schedule a consultation with us today. 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. When will the National Benefits Center begin reporting Form I-485 processing times? Delaying ones filing can also delay eligibility for promotions and job changes. . Speak with your immigration attorney to learn more. 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. 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. 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. Disclaimer: Website, software platform and administrative support are provided by VisaNation Inc., a Delaware corporation. What happens when an applicant has an EB-2 case pending but subsequently moves to EB-3 for a more advantageous final action date? 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. To calculate when your priority date may . Final Action Dates shows the dates when a number of immigrant visas will be available for foreign nationals who have a current priority date during that month. Depending on the month of the year and movement of priority dates, USCIS suggests which charts to use for filing adjustment of status. In reality, your employer will need to file an completely new petition, fees, and obtain a new PERM Labor Certification on your behalf. This is called visa retrogression, which occurs when more people apply for a visa in a particular category . What Happens After I-485 Interview When The Priority Date Is Not Current? Any exceptions for a certain month will be mentioned in the Visa Bulletin and specified to use filing dates. There was only one chart and one date, which was just called priority date. This is essentially where the DOS is when it comes to processing petitions. The case may be filed at a later time, as long as all requirements are met at the time of that later filing. You are using an out of date browser. Legal services are provided by VisaNation Law Group PLLC, a Florida professional limited liability company. The case may be filed at a later time, as long as all requirements are met at the time of that later filing. Thanks. In order for a spouse to be eligible for immigration benefits under the umbrella of the primary applicants employment-based green card case, the marriage must occur before the I-485 is approved. The first chart, the "Application Final Action Dates" chart will list the priority dates that are current. Citadel Securities, Go to company page 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. Things going very interesting for me too. Equipment. The length of time could be significant. Salesforce, Go to company page 1. I guess you've got no I-485 RFE ? WHAT TO DO WHEN YOUR PRIORITY DATE BECOMES CURRENT - YouTube These issues should be discussed with an experienced, qualified immigration attorney, who can provide guidance in such matters. You must wait until your priority date is current with the final action dates posted by the Department of Homeland Security. Im a firm believer that information is the key to financial freedom. what happens when final action date is current?filipino ethnocentrism 5 examples Yes! what happens when final action date is current? We responded to the RFE in a month and Interview was scheduled in October. The reports including the total number of immigrant visa applicants are sent to the Visa Office every month. How Are Green Card and Immigrant Visas Counts Reported? In this article, we will look at the differences and how the different dates thing works. 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. Hi , there has not been any movement in the Final action dates for F4 category in October and November. 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. 2. If an employer waits until the priority date is current to file the H1B extension, there is eligibility for only a one-year extension. Citizenship and Immigration Services local field offices are required to undertake the following steps: 1. 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. Usually, Dates for Filing are used during the fiscal years first few months, such as October and November. 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.