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. She is a member of the American Immigration Lawyers Association and Society for Human Resource Management. When can you Apply for H1B Visa Stamping after Petition Approval? It has Dates for Filing charts and Final Action Dates charts. With the July 2020 bulletin out, Im excited to see how India EB1 final action dates are progressing. Also, they enable the applicants to submit their important documents and their permanent residence application before the government can approve it. 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. Once NVC receives all the documents in step 9 and they will mark them as Documentarily Complete. 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. 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. If the advancement is an unusual circumstance (such as occurred in the summer of 2007), waiting may be risky, as retrogression is highly likely. . 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. Furthermore, the Visa Office tends to aggregate the high-level Categories numbers for reporting and prediction, including EB-1, F1, and F2A. Based on current USCIS processing times, an initial application for an H-4 EAD can take up to 8.5 months to be issued. Nov 2018 - Package sent - EB - Texas Service Center. Santosh, Yes, that could be the reason, we do not know for sure. See what other people are asking and the advice they're getting. The CAA, SoCon and Summit League are . Current Priority Date - U.S. Embassy in Bangladesh Visa Bulletin For August 2022 - United States Department Of State Categories: Green CardsLive In The USWork In The US, Tags: employment based green cardGreen_Card_Marriagevisa bulletin. 2023 Murthy Law Firm. All times are GMT-5. Lets review, what they mean for NVC, Consulates and USCIS. Visa Bulletin - Everything U.S. Visa Applicants Need to Know - Kozycki Law If case action was originally made with EB-2 number was available but the date retrogressed before the case could be adjusted, USCIS would request an EB-2 visa authorization. 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 USCIS also forecasts the number of applications for green cards they need to meet the numerical limits at the end of the fiscal year. But, what happens when the immigrant visa finally becomes available and the priority date is current? Still Disadvantaged Even When Your Priority Date Becomes Current Unless the priority date of the applicant is earlier than the visa bulletins listed Final Action Date, no green card can be issued. You may have heard of them or you may even be currently waiting for your priority date to be current right now. Don't hold your breath. How are Green Card or Immigrant Visas count Reported, Predicted? If they withdraw after 6 months of approval the PD based on that 140 can still be used. It is essentially like starting over from scratch. Interesting. Parafia pw. 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. They can also file applications for green cards with USCIS without having to wait. 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. 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. What do the "Final Action Date" and "Dates for Filing Applications A green card cannot be issued unless the applicants priority date is earlier that the Final Action Date listed on the visa bulletin. 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. Where the adjustment of status could not be filed because the H-1B worker is no longer with the original sponsor, it will be up to the discretion of USCIS to decide whether this qualifies as a circumstance beyond the workers control in order to grant a one-year H-1B extension. If priority date becomes current within first 1-2 months of joining company , is that a lost opportunity . So, you will have to wait until the final action date matches or passes your priority date before you can . See below screenshot from USCIS Visa Bulletin filings charts webpage, where they ask applicants what date to use in a particular month. what happens when final action date is current? 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. What do you think of the way ahead? meaning that the priority date must be current. If there are any exceptions for any month, they will specify them at www.uscis.gov/visabulletininfo to use filing dates. One of my friend is on H1b Visa and have I-140 approved from previous employer A under Eb2 category. 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. Thats why its always best to discuss your situation with a qualified and experienced immigration attorney to ensure that you are making the right decisions when it comes to your green card. you'll need to file your I-485 application for adjustment of . Those with questions regarding case timing and I-485 filings should seek advice from a knowledgeable and qualified immigration attorney. 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. Not affiliated with any government agency. I485 applied, what happens if dates retrogress? 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. I guess you've got no I-485 RFE ? what happens when final action date is current? or i can file anytime after I come over to USA ? USCIS informs public at www.uscis.gov/visabulletininfo on what dates to use for submitting adjustment of status applications. If you are terminated while both the I-140 and I-485 are pending with USCIS AND employer withdraws I-140 petition. Assuming you do not have an I-485 pending from your EB3 case, AC21 portability is not really a factor (i.e. When will the National Benefits Center begin reporting Form I-485 processing times? 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. 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? Disclaimer: Website, software platform and administrative support are provided by VisaNation Inc., a Delaware corporation. 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. what happens when final action date is current? What is the best possible course of action for him thru his current employer C? Adjustment of Status Timeline - RapidVisa @gNsj26 : are you saying that because u switched jobs your new perm is in process for over a year and then you will file 485 now ? The good news is that many U.S. employers prefer premium processing, which will expedite the overall processing time. If you're an immediate relative of a U.S. citizen, you don't need to track the Visa Bulletin. Answer (1 of 3): Green Card The steps you must take to apply for a Green Card will vary depending on your individual situation. #1. 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. Submit the required documentation and provide your best possible application. How do I find out the status? Retrogress? So the bottom line is LUD never changed since August 05 and suddenly 4 LUD in past 10 days. 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 . 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. Priority Date: Check USCIS Processing Times or Visa Bulletin 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. They usually look at their pending applicants count with them and forecast, if they have any shortage of applications. what happens when final action date is current? Save my name, email, and website in this browser for the next time I comment. This is the same case with current October 2020 Visa Bulletin as well. The greatest risk in delaying is that the opportunity may be lost. US Department of State introduced the concept of Final Action Dates and Dates for Filing only from October 2015 Visa Bulletin. Final Action Dates: Final action dates are determined by your Green Card category and chargeability area which is your country of origin. I would like to know if anyone's I-485 application with Dallas FO after transfer from NBC to Dallas Fo on July 20th. The visa bulletin is made up of four charts: Notably, the employment-based and family-based charts are separated by final action dates and dates for filing.. If this is your first visit, be sure to Because the expiration date of the EAD will be tied to the . On that bulletin, people can see two types of dates: filing date charts and final action date charts. The entire prediction process is quite difficult, so many people may not understand it. This can be a significant risk, particularly in a period of economic instability. provided the dates are not moved backward.. Whats the prediction going forward at least for EB3 category? Unfortunately It's in Uscis hands. This site uses cookies to help personalise content, tailor your experience and to keep you logged in if you register. Stronger applications get better loan offers. What happens if final action date become current and new - Blind What do "Dates for Filing" and "Application Filing - Gurfinkel New deadline to respond to office actions for trademark applications I was kinda excited today when I saw LUD but disappointed after seeing the same finger print messages. You do not have a priority date set. . My Priority Date is Current, Am I Eligible for Additional H-1B Extensions? I-485 application. 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 . 1. Newport Beach, CA 92660, 18 King Street East, Suite 1400 here the Filing date, Is this the date of i-485 filing? The dates for filing are typically used by National Visa Center (NVC) to notify immigrant visa applicants (green card applicants), who are outside of US to prepare themselves and submit all the relevant documents required for the Green Card Visa Interview at US Consulates. Conduct the adjustment of status interview; 2. 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). While she was waiting, she obtained a masters degree in computer science. 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. This is a process by which you can adjust your status from nonimmigrant to immigrant. USCIS Clarifies Age Determination & "Sought to - Meltzer Hellrung -One-page form (PTO/SB/434) filed with After . Visa Availability and Priority Dates | USCIS This is where the DOS Visa Bulletin comes into the picture. I have H4/L2 Kid under 21 years: In cases of H4 children, we strongly suggest filing a new EB2 i485 always. JavaScript is disabled. 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. 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 to Apply for a U.S. Passport: A Step-by-Step Guide, PERM Process & Equal Pay Transparency Laws, Its Not Too Late for the H-1B Visa Lottery, USCIS Extends Green Card Validity for Conditional Permanent Residents with a Pending Form I-751, Process Update for Labor Enforcement Investigations, The Truth About Deferred Prosecution & Crossing The Canadian Border, Our Community Involvement: Luxury Purse Bingo, New Designs Roll Out for Green Cards & Employment Authorization Documents. You may also watch the YouTube video on Dates of Filing vs Final Action Dates that covers the details in this article. Then it's time to move forward with the process of getting your immigrant visa or green card. When your priority date becomes current in that present month's Visa Bulletin, you are then eligible for either adjustment of status or to pursue your immigrant visa abroad. What happens when Final Action Date is current ? This is because the marriage green card is in a separate category called immediate family. 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 . Indian EB-5 Final Action Date Current in July 2020 Visa Bulletin No names are reported, but only the counts of applicants with that status at a consulate or embassy are reported. Citizenship and Immigration Services local field offices are required to undertake the following steps: 1. Toronto, Ontario M5C 1C4 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). 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 Visa Bulletin is released by the U.S. Department of State every month. his priority date is Nov 2014. Unfortunately, there is no ability to extend an H-1B that is already beyond the six-year limit any further. 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. How Do I Speak to a Live Person at USCIS? For example, in the Visa Bulletin for September 2019, under the F4 category (Brothers and Sisters of U.S. citizens), the Filing Date Table B Priority Date is 08MAR07 (March 8, 2007) while the Final Action Date Table A Priority Date is 01NOV06 (November 1, 2006). Thank you indian_ocean. Just handed me a white paper which had a few options and the option which said 'we are unable to make a decision now was checked'. Thus, delaying the I-485 means being tied to the particular employment for a longer duration. Yes. Our attorney said that if the priority date was not current they usually do that. tula tungkol sa magsasaka at mangingisda; Thanks. It is the day that the USCIS receives your green card petition. Visa Bulletin For February 2021 - United States Department Of State People with this status are the ones that are reported to the Visa Office by the consulates for predictions for Visa numbers. sell my timeshare now phone number what happens when final action date is current? Why they move back and forth and how it impacts the priority dates. Termination of Employment and Green Card Application 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). 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. Employment-Based Green Card, I-485 Processing Timeline [2023] - VisaNation There is no actual time limit governing how long a person could wait to move forward with an I-485 filing. Final Action Dates and Dates for Filing are two different things, but what exactly are the differences between them? In this post, we will take a look at the final action date vs filing date and analyze their differences. I am in the same boat as you are. When your final action date becomes current, you would see "Current" or "C" in the Visa Bulletin. 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. When you see that your Priority Date is current on the "Dates for Filing . The process of prediction is pretty complicated. USCIS approves the petition, thus making February 1, 2023 Manuel's Priority Date. by | Jul 3, 2022 | small rosary tattoo | Jul 3, 2022 | small rosary tattoo Im a firm believer that information is the key to financial freedom. Visa Retrogression, or Why Your Priority Date Is No Longer Current What is the final action date? - Immigration Planner Medallia. For each category and for each country, there is a date that is called the final action date. Hi. It would then be held until the final . with 15 years of experience practicing US immigration law providing services to U.S. businesses and multinational corporations. 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). What do you think of the dates for filing and final action dates movement? The priority dates that were used before introduction of two separate dates are nothing but the final action dates. 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. 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. Priority Date: Current, Retrogressed, or Doesn't Matter? No action was taken since I wasnt sure if I wanted to continue the petition thru me. check out the. We responded to the RFE in a month and Interview was scheduled in October. The date on final action date is still in June 2016 so I made that assumption that it would take at least a year for my PD becomes current. All Rights Reserved, In a consultation, an attorney can provide answers to your questions, or you may engage our firm for your immigration process. 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). mcgilley state line obituaries. Just passing by to tell that I finally understood the difference between these two, thank you so much!!! End of Sentence for Entering Canada with a Criminal Record? Please note: These wait times can change every few weeks as USCIS/DOS receives more applications. 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. 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. For example, July Visa Bulletin is most likely published between June 10 th and 15 th. The job offer must exist at the time of the I-485 filing. 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). 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. 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. Why is your priority date important? 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. Se (re)sentir chez soi; Des proches rassurs; Rester actif rester vivant; RSIDENCES SENIORS. I agree. What happens when an applicant has an EB-2 case pending but subsequently moves to EB-3 for a more advantageous final action date? With the layoffs at NBC I dont see it happening anytime soon. Your name check needs be cleared by the time they take your I-485 file. Lets look at an example: Martha is an Indian citizen waiting on an EB-3 green card with a priority date in March 2016. Also, this is the Category that is printed on the physical Green Card that is issued to the applicant. 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. Cannot be construed as legal advice. In this article, we will look at the differences and how the different dates thing works. The above final action date projections for the Family and Employment categories indicate what is likely to happen on a monthly basis through January. If the job offer is lost or the business shuts down prior to the I-485 filing, the case will end. Suite 202 it deals with people transferring employers after an I-485 has been pending for at least 180 days.) October 2021 Visa Bulletin Insight: Retrogression Likely For Some Stilt is committed to helping immigrants build a better financial future. With that, the Indian final action date is finally current, although it's unclear how long-lived this status will be. 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