Visa Bulletin For August 2022 - United States Department Of State 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. Its all about the priority date. I485 applied, what happens if dates retrogress? What happens when Final Action Date is current ? But for your easy understanding, we have tried to simplify it as below. All Rights Reserved. Green Card Priority Dates: What To Expect | The Complete Guide - VisaNation People can find out from www.uscis.gov/visabulletininfo which dates they should use to submit applications for adjustment of status. These issues should be discussed with an experienced, qualified immigration attorney, who can provide guidance in such matters. 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. US Department of State publishes the Visa Bulletin every month that summarizes the green card numbers availability by category and movement of priority dates. Parafia pw. She is a member of the American Immigration Lawyers Association and Society for Human Resource Management. what happens when final action date is current? January 30, 2012. They will predict the number of Green Cards available for the upcoming months, until the end of fiscal year, based on below three data points. "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. 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. Visa Bulletin - Everything U.S. Visa Applicants Need to Know - Kozycki Law 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. The reports including the total number of immigrant visa applicants are sent to the Visa Office every month. Among these is one important series of questions concerning when one must file the adjustment of status (I-485) application. 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. Still Disadvantaged Even When Your Priority Date Becomes Current 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. My filing date is current for 3+ years now. Just passing by to tell that I finally understood the difference between these two, thank you so much!!! I-485 application. AC21 is beyond the scope of this article, but extensive information is available by searching AC21 on www.murthy.com.]. I-140 and I-485 - Klasko Immigration Law Partners, LLP 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. 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. I have filed under niw eb2. When to Apply for Adjustment of Status When You're on a Wait List - Nolo New deadline to respond to office actions for trademark applications 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. what happens when final action date is current? This date shows what your priority level is according to the Department of State. This is not always the case, however when one is not yet married and wants to include the future spouse, for example. contact our office to schedule a consultation. Posted by userkv (15) 4 minutes ago. To calculate when your priority date may . You must wait until your priority date is current with the final action dates posted by the Department of Homeland Security. Unfortunately, if you previously filed your I-485 adjustment of status application but your priority date has retrogressed and is no longer current, the U.S. what happens when final action date is current? So the bottom line is LUD never changed since August 05 and suddenly 4 LUD in past 10 days. What happens if final action date become current and new - Blind 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. what happens when final action date is current? By NJ80, January 30, 2012 in AOS & CP : General. 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. I am hoping though as soon as the final action date becomes current, NBC will transfer the cases to the local USCIS center for the period that became current before they publish the next period in the following USCIS visa bulletin. How to read the Visa Bulletin | My priority date is current - YouTube 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. . Adjustment of Status Timeline - RapidVisa USCIS Visa Bulletin Mar 2023 Employment Green Card Dates - USA - AM22Tech Meanwhile, Final Action Dates show when there are actual available green card numbers for a certain category and country. I have read a couple of posts from people that said that took up to 3 months after PD became current. Save my name, email, and website in this browser for the next time I comment. What Happens After I-485 Interview When The Priority Date Is Not Current? Thanks. I was in this situation 2 years ago - final cutoff date was current for longer than a year when I switched job. You don't have to wait for the government to call you after you notice this. How many weeks are they expecting to provide a decision after the date becomes current per Visa bulletin for a category. In reality, your employer will need to file an completely new petition, fees, and obtain a new PERM Labor Certification on your behalf. sell my timeshare now phone number what happens when final action date is current? There's no way to know exactly when, so . Hi. The job offer must exist at the time of the I-485 filing. We will update this table when we receive more data from USCIS/DOS. To get in touch with our office, you can fill out this contact form and schedule a consultation with us today. These requests for H-1B extensions are made under the provisions of Section 104(c) of the American Competitiveness in the 21st Century Act (AC21). 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. Guide How does it work? Please do let us know how long did it take for USCIS to make a decision on your I485 application after the final action date became current in April 2020. what happens when final action date is current? 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. meaning that the priority date must be current. Microsoft, Go to company page Individuals from those countries facing a Green Card backlog are required to wait years, if not decades, for the Visa Bulletin to inform that priority Medallia. RedBus2US.com 2010 - 2023, All Rights Reserved. Background for Dates for Filing & Final Action Dates. More information on this topic can be found on MurthyDotCom in our NewsBrief, I-485 Approvals Possible: Impact on Spouses / Children without Filed I-485s (22.Apr.2011). Final Action Date vs Filing Date - Things You Should Know - Stilt Blog The final action dates or application final action dates are the dates when the actual green card numbers are available for that category & country of birth, so that the final Green Cards or immigrant visas can be issued. what happens when final action date is current? Difference Between Final Action Dates & Dates for Filing? When your final action date becomes current, you would see "Current" or "C" in the Visa Bulletin. 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. 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. 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. Dates for Filing in Visa Bulletin Explained, Final Action Dates in the Visa Bulletin Explained, given Green Card Category Codes to identify. However, covid has brought special circumstances and filling and final action dates are moving fast for India. It will help them issue maximum number of Green Cards per year, without wasting them, as per Congress guidance. 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 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. Berardi Immigration Laws award-winning immigration lawyers bring experience and knowledge to your immigration case with a personal touch. As such, people who are stuck in the backlog have the opportunity to apply for work authorization and get it much sooner. Yes. The priority dates that were used before introduction of two separate dates are nothing but the final action dates. How long does it take for card approval after PD becomes current (EB1C Indian EB-5 Final Action Date Current in July 2020 Visa Bulletin But if your priority date is any date prior to October 8, 2011, your priority date is current and you are eligible for concurrent filing. See what other people are asking and the advice they're getting. EMPLOYMENT-BASED GREEN CARD PROCESSING UPDATE - HSD Immigration Firm nagesh, This totally depends on the location, if you have already submitted medicals and if they would call for an interview. 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. 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. Application Final Action Dates chart (consistent with previous Visa Bulletins) and; . Final Action Dates and Dates for Filing are two different things, but what exactly are the differences between them? Apply online for the loan amount you need. Depending on how the above three numbers vary, you would see movement of the priority dates. 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. 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. When you see that your Priority Date is current on the "Dates for Filing . The date is current in DOF and USCIS allows: You can file i485, i765, and i131. No. How Long To Wait for Your Priority Date to Become Current? So , in order to best utilize this opportunity to get his greencard and EAD, what would be suggested course of action for him? Conduct the adjustment of status interview; 2. They will also work with US consulates to schedule immigrant visa interview for these applicants based on the final action dates. 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. What do you think of the way ahead? How Do I Know Which USCIS Service Center? I have filed the I-485 during Oct 2020 ( based on the Filing date chart in Oct 2020 Visa Bulletin). JavaScript is disabled. Legal services are subject to a separate attorney agreement between VisaNation Law Group PLLC (formerly SGM Law Group PLLC) and you. Historical counts of Denials, Abandonments and withdrawals. Also, they will help schedule interviews for immigrant visas based on the final action dates by working with the U.S. consulates. Green card reporting is taken care of by the Visa Office (VO) part of the U.S. Department of State (DOS). That's great! 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. If you're an immediate relative of a U.S. citizen, you don't need to track the Visa Bulletin. Just keep waiting. How Do I Know If USCIS Received My Application? The process of prediction is pretty complicated. Thanks. the final action date would immediately become "Current" for October for all countries except El Salvador, Guatemala, and Honduras which would be subject to an August 1, 2017 final action . The determination of the actual monthly final action dates is subject to fluctuations in applicant demand and a number of other variables impacting processing. Disclaimer: Website, software platform and administrative support are provided by VisaNation Inc., a Delaware corporation. My father petitioned my brother with a Priority Date of 10/28/2005. HOW TO READ THE VISA BULLETIN // If you're trying to figure out how to read the visa bulletin, this video is for you. how long does it take to get the gc after priority date is C. Like this thread 0 0. UNITED KINGDOM. Once the USCIS receives the petition, that date will be your priority date. 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). On the Stilt Blog, I write about the complex topics like finance, immigration, and technology to help immigrants make the most of their lives in the U.S. Our content and brand have been featured in Forbes, TechCrunch, VentureBeat, and more. 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. Copyright 2011, MURTHY LAW FIRM. You must log in or register to reply here. #workvisa #greencard #ead #485, Go to company page Green Card Wait Time - Check Priority Date - Mygcvisa This is a process by which you can adjust your status from nonimmigrant to immigrant. 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 ? 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. Another provision of AC21 may allow continued extensions of H-1B status in one-year increments according to Section 106(b). My interview was complete in Oct 2018. Below are the things that you can do depending on your situation. 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. For some, this prevents opportunities for promotions and other career advancement. Lets look at an example: Martha is an Indian citizen waiting on an EB-3 green card with a priority date in March 2016. If they withdraw after 6 months of approval the PD based on that 140 can still be used. 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. What do you think of the dates for filing and final action dates movement? 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. This makes it possible to have more applications ready in the queue to meet the whole years demand. 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. what does y mean in rubik's cube algorithms . 2. 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. 2023 March Madness: Conference tournaments underway, brackets THIS is the Form I-485 processing time at USCIS [2022] - Stilt Blog You do not have a priority date set. We have to wait and watch. This behavior seems to be common. What happens after my priority date becomes current? Confirm all security and background checks are completed; 3. You can think these dates as if your position in queue has reached the end and you are ready to get the green card. Se (re)sentir chez soi; Des proches rassurs; Rester actif rester vivant; RSIDENCES SENIORS. I have H4/L2 Kid under 21 years: In cases of H4 children, we strongly suggest filing a new EB2 i485 always. Also, similarly one can file green card applications with USCIS without waiting. Which priority date is current? . 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. Most people that petition for a green card have a priority date. However, there is a catch. So, Is my filing date Oct 2020 ?? There is no timeline. Unfortunately It's in Uscis hands. I-485 Approvals Possible: Impact on Spouses / Children without Filed I-485s. I am in the same boat as you are. See below screenshot from USCIS Visa Bulletin filings charts webpage, where they ask applicants what date to use in a particular month. For others, it could be risky, potentially causing them to lose the opportunity for a long time. It is helpful knowing it is not necessary to file the I-485 case as soon as the priority date becomes current. [There is an exception to this under the American Competitiveness in the Twenty First Century Act (AC21). Spray Foam Equipment and Chemicals. what happens when final action date is current? Sign and return that note if you wish to accept the loan offer. Could any gurus explain me what's going on. Lets review, what dates for filing mean for NVC, Consulates and USCIS. What do "Dates for Filing" and "Application Filing - Gurfinkel 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). Some lenders send a promissory note with your loan offer. For example, July Visa Bulletin is most likely published between June 10 th and 15 th. 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. How to File I-140 & I-485 To Speed Up The Green Card Process | AllLaw All Rights Reserved.
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what happens when final action date is current?