Therefore, while family- and employment-based green cards are often not immediately available, green cards for immediate relatives do not require you to wait for your priority date to be current. For a better experience, please enable JavaScript in your browser before proceeding. What is the best possible course of action for him thru his current employer C? 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. 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. Hi , there has not been any movement in the Final action dates for F4 category in October and November. There has been no movement on my case so far. In reality, your employer will need to file an completely new petition, fees, and obtain a new PERM Labor Certification on your behalf. The above final action date projections for the Family and Employment categories indicate what is likely to happen on a monthly basis through May. Employment-Based Green Card, I-485 Processing Timeline [2023] - VisaNation Not sure which I-485s are processed by NVC, do they do only consular processing or regular processing too? provided the dates are not moved backward.. Whats the prediction going forward at least for EB3 category? The job offer must exist at the time of the I-485 filing. Depending on how the above three numbers vary, you would see movement of the priority dates. But, what happens when the immigrant visa finally becomes available and the priority date is current? Anyone knows how lawyers recommend handling this situation? One of the most common reasons among MurthyDotCom and MurthyBulletin readers involves marriage plans. If a person does not file in December 2011, therefore, even though s/he could do so, the opportunity is not necessarily lost. Below are the things that you can do depending on your situation. If a person does not file in December 2011, therefore, even though s/he could do so, the opportunity is not . These were all introduced as part of Obama plan for modernizing legal immigration in 2015. As mentioned above, labor certification filings are based on a specific job offer. 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. You can choose an autopay method online to help you pay on time every month. If priority date becomes current within first 1-2 months of joining company , is that a lost opportunity for that individual ? 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. 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. Priority Date Finally Current! How Soon Should I-485 be Filed? 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. Assuming you do not have an I-485 pending from your EB3 case, AC21 portability is not really a factor (i.e. They usually look at their pending applicants count with them and forecast, if they have any shortage of applications. Not yet. Just passing by to tell that I finally understood the difference between these two, thank you so much!!! We hope this post was helpful in this regard so you can have a smooth application process. 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. 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, 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. Speak with your immigration attorney to see if green card porting is appropriate for your case. You are using an out of date browser. Equipment. Learn More, The Murthy Law Firm can conveniently and efficiently consult and/or represent clients located anywhere in the United States or abroad on U.S. immigration matters. I-485 Application to Register Permanent Resident or Adjust Status, H-1B Lottery Rule Changes Could See Reversal, March 2023 Visa Bulletin: Analysis & Predictions, Unmarried children under 21 of U.S. citizens, Parents of U.S. citizens who are at least 21, Widows and widowers of U.S. citizens (provided that the petition was filed within two years of the death of the citizen). "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. Learn what others are saying about us on Google, Yelp, and Facebook or visit us at https://www.stilt.com. With that, the Indian final action date is finally current, although it's unclear how long-lived this status will be. 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. These will predict how many Green Cards will be available for the following months until the fiscal year ends. This may prevent the applicant from filing the I-485 when the priority date becomes current. Posted by userkv (15) 4 minutes ago. Lets look at them. his priority date is Nov 2014. On the other hand, when cutoff dates are moving forward routinely, there is less likelihood of significant and extended retrogression. There's one twist to the Visa Bulletin. Not only that, but they also receive the pending adjustment of status application number from the USCIS. Conduct the adjustment of status interview; 2. Because the expiration date of the EAD will be tied to the . Most people that petition for a green card have a priority date. dave chappelle: the closer vinyl. what happens when final action date is current? You must log in or register to reply here. 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. This change only applies to office actions issued on . Visa Bulletin: Final Action Date, Cut Off and Predictions | Immigration The determination of the actual monthly final action dates is subject to fluctuations in applicant demand and a number of other variables impacting processing. Among these is one important series of questions concerning when one must file the adjustment of status (I-485) application. 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. 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. I guess you've got no I-485 RFE ? The priority date is earlier (before) the final action date. AC21 is beyond the scope of this article, but extensive information is available by searching AC21 on www.murthy.com.]. In this post, we will take a look at the final action date vs filing date and analyze their differences. 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. 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. 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. The first route is called adjustment of status. 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 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. USCIS approves the petition, thus making February 1, 2023 Manuel's Priority Date. So, you will have to wait until the final action date matches or passes your priority date before you can . If the dates for filing shows as Current or C, then it also means that there is no wait time to apply for visa interview at the US consulate abroad to get immigrant visa. If this is your first visit, be sure to However, for those populated countries that regularly submit more petitions than their limit, priority date waiting times could take decades to become current, if they ever become current at all. First, when a fiscal year starts in October, Visa Office divides the total annual available Green Card numbers into monthly allotments. What is the final action date? - Immigration Planner I-140 and I-485 - Klasko Immigration Law Partners, LLP Biometrics? Also, they get the number of pending applications of adjustment of status from USCIS. Those who are outside of the U.S. when their priority dates become current may have to wait until they return to the U.S., usually in a dual intent status, such as an H or L. Added to the more common travel and marriage reasons to delay filing I-485s are a host of other scenarios. Make sure to get a copy of 140 from your employer. Visa Retrogression, or Why Your Priority Date Is No Longer Current Is it because of the visa bank and interviews not being scheduled? Priority Date: Current, Retrogressed, or Doesn't Matter? So, Is my filing date Oct 2020 ?? This can be a significant risk, particularly in a period of economic instability. 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 . tui salary cabin crew. While she was waiting, she obtained a masters degree in computer science. That's a wealth of information. HOW TO READ THE VISA BULLETIN // If you're trying to figure out how to read the visa bulletin, this video is for you. . Yes. 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. What do "Dates for Filing" and "Application Filing - Gurfinkel Once the priority date becomes current the foreign national may apply for their physical green card. Interesting. This article will serve to educate you about what green card priority dates are, how they work, why the wait is so long, and what your options are when it comes to shortening your waiting time. So what is a priority date? Any exceptions for a certain month will be mentioned in the Visa Bulletin and specified to use filing dates. Age at Time of Visa Availability Pending Time = CSPA Age Approval Date Filing Date = Pending Time. Historical counts of Denials, Abandonments and withdrawals. 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 ? 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. Your child gets CSPA protection only if the date got current in the Final action chart. A priority date determines a person's position in line for an immigrant visa. 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. However, here is the general application process that most applicants will go through: 1. Still Disadvantaged Even When Your Priority Date Becomes Current Apply online for the loan amount you need. 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! This is not to be confused with a change of status or a transfer of status, which are different processes entirely. Speak with your immigration attorney to learn more. So , in order to best utilize this opportunity to get his greencard and EAD, what would be suggested course of action for him? You may have heard of them or you may even be currently waiting for your priority date to be current right now. Another provision of AC21 may allow continued extensions of H-1B status in one-year increments according to Section 106(b). We will look more details below, lets dive into the dates of filing and final action dates and how they move. By NJ80, January 30, 2012 in AOS & CP : General. People with this status are the ones that are reported to the Visa Office by the consulates for predictions for Visa numbers. You can think these dates as if your position in queue has reached the end and you are ready to get the green card. Submit the required documentation and provide your best possible application. The Visa Bulletin is released by the U.S. Department of State every month. If the advancement is an unusual circumstance (such as occurred in the summer of 2007), waiting may be risky, as retrogression is highly likely. 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. If there are any exceptions for any month, they will specify them at www.uscis.gov/visabulletininfo to use filing dates. 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. 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. 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. The good news is that many U.S. employers prefer premium processing, which will expedite the overall processing time. 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. I485 applied, what happens if dates retrogress? The reports including the total number of immigrant visa applicants are sent to the Visa Office every month. PD Date is current in DOF but USCIS disallows: You cannot do anything. 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. All of the high-level categories usually have several sub-categories that are given Green Card Category Codes to identify, including IR1, E12, E11, and others. How Do I Know Which USCIS Service Center? The Visa Bulletin- Final Action Dates versus Dates for Filing Citadel Securities, Go to company page Its all about the priority date. Multiple I-140 Approvals: What happens to my priority date and who can what happens when final action date is current? These issues should be discussed with an experienced, qualified immigration attorney, who can provide guidance in such matters. Furthermore, the Visa Office tends to aggregate the high-level Categories numbers for reporting and prediction, including EB-1, F1, and F2A. 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 . No. Youll have to compare your priority date to the final action dates that are posted in the visa bulletin. 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. What happens when Final Action Date is current ? 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. I have H4/L2 Kid under 21 years: In cases of H4 children, we strongly suggest filing a new EB2 i485 always. or i can file anytime after I come over to USA ? 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. what happens when final action date is current? Not affiliated with any government agency. Will this rapid movement be continue which help to move dates for filling become current? End of Sentence for Entering Canada with a Criminal Record? what happens when final action date is current? Application Final Action Dates chart (consistent with previous Visa Bulletins) and; . We will update this table when we receive more data from USCIS/DOS. When can you Apply for H1B Visa Stamping after Petition Approval? Green card applicants will be informed by the NVC when they will get current priority dates based on the Visa Bulletins Final Action Dates. One of my friend is on H1b Visa and have I-140 approved from previous employer A under Eb2 category. 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. In fact, if you petitioned for a family-based or employment-based green card, you most certainly have a priority date. How Are Green Card and Immigrant Visas Counts Reported? The length of time could be significant. USCIS informs public at www.uscis.gov/visabulletininfo on what dates to use for submitting adjustment of status applications. Is it possible to continue to extend the H-1B? Also, this is the Category that is printed on the physical Green Card that is issued to the applicant. 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. My Priority Date is Current, Am I Eligible for Additional H-1B Extensions? 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. Date For Filing vs. Final Action Date, the Two-Tiered Visa Bulletin I was kinda excited today when I saw LUD but disappointed after seeing the same finger print messages. Background for Dates for Filing & Final Action Dates. sell my timeshare now phone number what happens when final action date is current? Emily Neumann is Managing Partner at Reddy & Neumann, P.C. I hmy final action date is current and I had finger print processing in Jan 2021 and got my EAD. From filing the petition and fees to dealing with Requests for Evidence and facilitating green card porting, VisaNation law group lawyers are here to take the stress out of your immigration process. 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. Berardi Immigration Laws award-winning immigration lawyers bring experience and knowledge to your immigration case with a personal touch. 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. What Happens After I-485 Interview When The Priority Date Is Not Current? If you have any questions, send us an email at [emailprotected]. Unfortunately It's in Uscis hands. There is no actual time limit governing how long a person could wait to move forward with an I-485 filing. Hi. 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. 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? The Visa Office (VO) that is part of US Department of State (DOS) handles the green card numbers reporting and prediction. You must wait until your priority date is current with the final action dates posted by the Department of Homeland Security. #1. This makes it possible to have more applications ready in the queue to meet the whole years demand. Looks like it is going to be a long wait even after the final action date becomes current. Seek new employment if you have remaining H-1B time and file new PERM and I-140. 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. It is necessary to be in the United States in order to file the I-485. To calculate when your priority date may . 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.