As long as the priority date remains current, the case can be filed, in this example, in January or February 2012 or a later time. In employment-based green card cases, the entire basis for a case is the employers job offer. If there are any exceptions for any month, they will specify them at www.uscis.gov/visabulletininfo to use filing dates. If the advancement is an unusual circumstance (such as occurred in the summer of 2007), waiting may be risky, as retrogression is highly likely. Parafia pw. Oct 2020 bulletin , the filing date for India is Jan 1 2015 for EB3. Both routes can be advantageous based on your situation. 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 . However, that requires that the I-485 remain pending for at least 180 days. -Current version of program (AFCP 2.0) available since 2013, now extended through September 30, 2016. Thanks. 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. 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. mcgilley state line obituaries. As mentioned above, labor certification filings are based on a specific job offer. Speak with your immigration attorney to see if green card porting is appropriate for your case. That's great! This is not due to any prejudice on the part of the Department of State. It is essentially like starting over from scratch. 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. Depending upon the movement of the cutoff dates, and any other delays or problems that arise in the I-485 case, this means that it may be necessary to file the H1B extension again in just one year. The Form I-485 processing time is long, and the wait can be difficult. If too many people from a single country petition for the same green card in one year, a backlog will build up, and the DOS will process petitions in order of their priority dates. [There is an exception to this under the American Competitiveness in the Twenty First Century Act (AC21). Your personal information is protected by our Privacy Policy. tui salary cabin crew. My Priority Date is Current, Am I Eligible for Additional H-1B Extensions? This is a great space to write long text about your company and your services. The Department of State has an annual limit on the number of green cards it distributes to any country from any category (e.g. CANADA, 5 Kenley Road what happens when final action date is current? However, covid has brought special circumstances and filling and final action dates are moving fast for India. You are using an out of date browser. If you have any questions, send us an email at [emailprotected]. There's no way to know exactly when, so . 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. There are few scenarios on why dates for filing & final action dates move forward or backward. 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! Below are some of the common differences between final action dates and dates for filing applications. A lot depends on what is the current age of your child and how soon it can get current in the EB2 final action chart. During h1b transfer, the lawyer of the new company said my h1b could be denied because of this rule. Unfortunately, there is no ability to extend an H-1B that is already beyond the six-year limit any further. These are the dates the National Visa Center (NVC) uses to notify green card applicants that they can start getting documentarily qualified. B1/B2, H1, F1? Add your thoughts in comments below. 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 . Difference Between Final Action Dates & Dates for Filing? 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. Green card applicants will be informed by the NVC when they will get current priority dates based on the Visa Bulletins Final Action Dates. The process of prediction is pretty complicated. . While it is permissible to file the I-485 as soon as ones priority date becomes current, this is not a requirement. How to Check US Visa Status Online? A green card cannot be issued unless the applicant . Any idea how long it takes to get gree card interview with . So the bottom line is LUD never changed since August 05 and suddenly 4 LUD in past 10 days. The first thing Manuel does next is to check the State Department's Visa Bulletin, a list showing "cutoff dates," or which Priority Dates are "current," meaning that their holders are now entitled to visas. Just keep waiting. How VisaNation Law Group Attorneys Can Help. Newport Beach, CA 92660, 18 King Street East, Suite 1400 The CAA, SoCon and Summit League are . 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. We will look more details below, lets dive into the dates of filing and final action dates and how they move. Why they move back and forth and how it impacts the priority dates. Now that we have a full background, lets look at each of the terms dates of filing and final action dates: The dates for filing application or simply dates for filing in Visa bulletin are the earliest dates when Green Card Applicants may be able to apply for green card or immigrant visa. USCIS is supposed to also enforce it, but I've never heard of a case where it happened. Posted by userkv (15) 4 minutes ago. No. Save my name, email, and website in this browser for the next time I comment. Generally, the dates are 8 to 12 months before the expected Final Action Dates. 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. The above final action date projections for the Family and Employment categories indicate what is likely to happen on a monthly basis through May. 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. 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 . One of my friend is on H1b Visa and have I-140 approved from previous employer A under Eb2 category. The good news is that many U.S. employers prefer premium processing, which will expedite the overall processing time. For example, below is what was used in October 2020, where it says to use Dates for Filing. here the Filing date, Is this the date of i-485 filing? 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 ? However, there is a catch. Anyone knows how lawyers recommend handling this situation? You do not have a priority date set. or i can file anytime after I come over to USA ? Citizenship and Immigration Services (USCIS) will not adjudicate your case until your priority date becomes current again. 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. How do I find out the status? 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 is Dates for Filing in Visa Bulletin? It will help them issue maximum number of Green Cards per year, without wasting them, as per Congress guidance. it deals with people transferring employers after an I-485 has been pending for at least 180 days.) Why is your priority date important? 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. you'll need to file your I-485 application for adjustment of . A priority date determines a person's position in line for an immigrant visa. There are a number of reasons that an individual may not be able to or chooses not to file his or her I-485 in the month that the priority date first becomes current. So what should you do if youre looking at decades of waiting time for your priority date. If the job offer is lost or the business shuts down prior to the I-485 filing, the case will end. 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. 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. While she was waiting, she obtained a masters degree in computer science. 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). Looks like it is going to be a long wait even after the final action date becomes current. 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 ? 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. Any exceptions for a certain month will be mentioned in the Visa Bulletin and specified to use filing dates. As such, people who are stuck in the backlog have the opportunity to apply for work authorization and get it much sooner. Your child gets CSPA protection only if the date got current in the Final action chart. After which, your passport will be taken and then mailed back to you with a green card inside. 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. If you are terminated while both the I-140 and I-485 are pending with USCIS AND employer withdraws I-140 petition. Maybe I am just unlucky and you may have better luck. 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. When my father died in 2013, I reported to my lawyer and I dont know now what the lawyer did. 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). Final Action Dates and Dates for Filing are two different things, but what exactly are the differences between them? If there are not enough applications to meet this numerical limit, the applicants will be asked to submit their adjustment of status applications using Dates for Filing. Citadel Securities, Go to company page I have read a couple of posts from people that said that took up to 3 months after PD became current. See below screenshot from the same page, where they ask applicants to use Final Action dates for September 2020. 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. What happens when Final Action Date is current ? Stronger applications get better loan offers. However, here is the general application process that most applicants will go through: 1. 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. The reports including the total number of immigrant visa applicants are sent to the Visa Office every month. The applicants with status of Documentary complete are the ones that consulates report to Visa Office for Visa number predictions. Najwitszej Maryi Panny Krlowej Polski > Bez kategorii > what happens when final action date is current? When you see that your Priority Date is current on the "Dates for Filing . I hmy final action date is current and I had finger print processing in Jan 2021 and got my EAD. I am in the same boat as you are. Watch this thread Start a new thread Add a post. 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. So, Is my filing date Oct 2020 ?? . She is a member of the American Immigration Lawyers Association and Society for Human Resource Management. However, covid has brought special circumstances and filling and final action dates are moving fast for India.If one changes job , new company would start perm and it takes 1.3-1.5 years on an average to get perm approved from join date. 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. 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. It has two charts: "Final Action Dates for Employment-Based Preference Cases" and "Dates for Filing of Employment-Based Visa Applications." 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. Disclaimer: Website, software platform and administrative support are provided by VisaNation Inc., a Delaware corporation. 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? 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. You may have heard of them or you may even be currently waiting for your priority date to be current right now. The first chart, the "Application Final Action Dates" chart will list the priority dates that are current. 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). If the current H-1B expires before the EAD card is received, the individual will no longer be authorized to work until the EAD card is received. Attorneys at the Murthy Law Firm are available for consultation on these matters. Countries that submit fewer petitions than the limit will see their final action dates move forward. Not only that, but they also receive the pending adjustment of status application number from the USCIS. 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. Microsoft, Go to company page 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. Equipment. 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. 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. Youll have to compare your priority date to the final action dates that are posted in the visa bulletin. Also, it doesnt provide any priority dates under the sub-categories level. Furthermore, the Visa Office tends to aggregate the high-level Categories numbers for reporting and prediction, including EB-1, F1, and F2A. Every month, the Department of State releases a visa bulletin that contains charts with all of the green card categories and the countries that apply for them. Also, with two dates, US Dept of State would be able to more accurately predict the demand and supply of Green Card numbers. 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 . For each category and for each country, there is a date that is called the final action date. Below are the things that you can do depending on your situation. USCIS processes all I-485s. Adjustment of status is only available to those that are already in the U.S. under a nonimmigrant visa status (such as an H-1B, L-1, or K-1 visa). Lets look at them. 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. At this stage priority date between oct01-mar02 does not matter. Seek new employment if you have remaining H-1B time and file new PERM and I-140. Also, this is the Category that is printed on the physical Green Card that is issued to the applicant. what happens when final action date is current? If there is a date shown, that's the "cutoff date." Compare that to your priority date. Note that, while your priority date is set and does not move, the final action dates change from month to month. It has Dates for Filing charts and Final Action Dates charts. An individual in this situation would need to file an adjustment of status and use the employment authorization (EAD) card received based on that application in order to continue to work. 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. I-485 application. "C" means "current," in other words, that there is no more wait and you can file your adjustment application now. 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. . If your green card priority date has matched or passed the final action date given in your category for your country on the visa bulletin (or if your category has a C on it instead of a date), then there are two routes that may be available to you depending on your situation. 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. They usually look at their pending applicants count with them and forecast, if they have any shortage of applications. 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. 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. US Department of State publishes the Visa Bulletin every month that summarizes the green card numbers availability by category and movement of priority dates. "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. It is helpful knowing it is not necessary to file the I-485 case as soon as the priority date becomes current. -One-page form (PTO/SB/434) filed with After . 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. 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. Your use of this website and our software platform are subject to VisaNation Inc.'s privacy policy and terms of use. If you are considering applying for a personal loan, just follow these 3 simple steps. The loan then gets disbursed into your U.S. bank account within a reasonable number of days (some lenders will be as quick as 2-3 business days). what does y mean in rubik's cube algorithms . Many are in this situation as the USCIS has been so slow in approving adjustment applications even when the Final Action Dates have been current for several months. 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. What happens when Final Action Date is current ? I was in this situation 2 years ago - final cutoff date was current for longer than a year when I switched job. immihelp.com is private non-lawyer web site. The National Visa Center (NVC) uses these dates to let green card applicants know that they can finally start getting qualified documentarily. Once the priority date becomes current the foreign national may apply for their physical green card. Also, they will help schedule interviews for immigrant visas based on the final action dates by working with the U.S. consulates. #1. Final Action Dates: Final action dates are determined by your Green Card category and chargeability area which is your country of origin. What happens when an applicant has an EB-2 case pending but subsequently moves to EB-3 for a more advantageous final action date? The 1 year rule usually is only enforced if the I-140 is under NVC jurisdiction. Answer (1 of 3): Green Card The steps you must take to apply for a Green Card will vary depending on your individual situation. 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. No names are reported, but only the counts of applicants with that status at a consulate or embassy are reported. If the EB-2 final action date for India is current, then Martha can adjust her status or use consular processing as soon as her petition is approved rather than wait several years. The 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. The Dates for Filing column also reflects when the State Department expects the Final Action Dates to be current 8 to 12 months in the future. By NJ80, January 30, 2012 in AOS & CP : General. Co. No action was taken since I wasnt sure if I wanted to continue the petition thru me. You can find your priority date on the I-797 form mailed by USCIS approving your I-130 petition. My father petitioned my brother with a Priority Date of 10/28/2005. 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. All Rights Reserved. For a better experience, please enable JavaScript in your browser before proceeding. Spray Foam Equipment and Chemicals. Specialty Occupations (H-1B and H-1B1 Visas), Treaty Traders or Investors or Australian Professionals (E Visas), Temporary and Seasonal Workers (H-2A and H-2B), EB-1B Outstanding Professors and Researchers, EB-1C Multinational Managers and Executives, Physical Therapist or Registered Nurse (Schedule A), EB-3 Professional, Skilled Worker, Other Worker, Litigation, Notice of Intent to Deny, Notice of Intent to Revoke, Request for Evidence. The NVC receives the green card applications after the USCIS approves them. Many applicants want to file on the first day of the month in which their priority dates become current. But I my h1b was approved without issues. This can either be through your current employer or with a new one. Thanks. If your priority date is on or before the cutoff date . If she then petitions for an EB-2 green card in January 2019 and is approved, then her priority date will be retained at March 2016 rather than resetting to January 2019. These were all introduced as part of Obama plan for modernizing legal immigration in 2015. 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. what happens when final action date is current? Someone usually must file an immigrant petition for you (often referred to as. Thank you indian_ocean. We responded to the RFE in a month and Interview was scheduled in October. Not sure what a priority date means? CEAC Website, Errors Info. 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. The Visa Bulletin is released by the U.S. Department of State every month. My interview was complete in Oct 2018. The above final action date projections for the Family and Employment categories indicate what is likely to happen on a monthly basis through January. For some, this prevents opportunities for promotions and other career advancement. 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. 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. So what is a priority date? If they withdraw after 6 months of approval the PD based on that 140 can still be used. That's a wealth of information. Instead, you can contact the NVC and ask for the appropriate instructions. How many weeks are they expecting to provide a decision after the date becomes current per Visa bulletin for a category. with 15 years of experience practicing US immigration law providing services to U.S. businesses and multinational corporations. Copyright 2011, MURTHY LAW FIRM. You must wait until your priority date is current with the final action dates posted by the Department of Homeland Security. 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 .