If priority date becomes current within first 1-2 months of joining company , is that a lost opportunity for that individual ? No action was taken since I wasnt sure if I wanted to continue the petition thru me. Not sure which I-485s are processed by NVC, do they do only consular processing or regular processing too? On that bulletin, people can see two types of dates: filing date charts and final action date charts. 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. 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. 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. Yes. . We responded to the RFE in a month and Interview was scheduled in October. Your child gets CSPA protection only if the date got current in the Final action chart. If the advancement is an unusual circumstance (such as occurred in the summer of 2007), waiting may be risky, as retrogression is highly likely. 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). Someone usually must file an immigrant petition for you (often referred to as. Microsoft, Go to company page 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. As mentioned above, labor certification filings are based on a specific job offer. Depending on how the above three numbers vary, you would see movement of the priority dates. This means that do not abandon . Depending on the month of the year and movement of priority dates, USCIS suggests which charts to use for filing adjustment of status. 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. 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. 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. Sometimes, a priority date that is current one month will not be current the next month, or the cut-off date will move backward to an earlier date. Visa Bulletin - Everything U.S. Visa Applicants Need to Know - Kozycki Law Below are some of the common differences between final action dates and dates for filing applications. Berardi Immigration Laws award-winning immigration lawyers bring experience and knowledge to your immigration case with a personal touch. In reality, your employer will need to file an completely new petition, fees, and obtain a new PERM Labor Certification on your behalf. For others, it could be risky, potentially causing them to lose the opportunity for a long time. I-485 application. 2023 Berardi Immigration Law. I-140 and I-485 - Klasko Immigration Law Partners, LLP This is an important date because once the immigrant visa number is available, the foreign nationals physical green card can be issued. 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 ? Some lenders send a promissory note with your loan offer. Citizenship and Immigration Services local field offices are required to undertake the following steps: 1. 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. 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. You can think these dates as if your position in queue has reached the end and you are ready to get the green card. At the heart of our firm is a focus on client relationships, responsiveness, and our deep commitment to helping you or your corporation achieve the goal of living or working in the U.S. 4299 MacArthur Boulevard The applicants with status of Documentary complete are the ones that consulates report to Visa Office for Visa number predictions. Typically, an applicant receives their green card from USCIS 1 to 4 weeks after approval of the adjustment of status, which is step 4 in the AOS timeline below: Make Progress Today. 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. See below screenshot from USCIS Visa Bulletin filings charts webpage, where they ask applicants what date to use in a particular month. We have to wait and watch. If you are filing for adjustment from within the U.S., then you should immediately contact an attorney to prepare your Form I-485 and corresponding evidence. 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. As such, people who are stuck in the backlog have the opportunity to apply for work authorization and get it much sooner. If you meet these requirements, you may continue to extend your H-1B status in one-year increments until a final decision is made to approve or deny your pending I-485 application. Employment-Based Green Card, I-485 Processing Timeline [2023] - VisaNation For some, this prevents opportunities for promotions and other career advancement. 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. The length of time could be significant. In the Visa Bulletin, the Dates for Filing or Dates for Filing Application refer to the earliest dates when people who apply for Green Cards are finally allowed to apply for their immigrant visa or green card. I have filed under niw eb2. Categories: Green CardsLive In The USWork In The US, Tags: employment based green cardGreen_Card_Marriagevisa bulletin. These will predict how many Green Cards will be available for the following months until the fiscal year ends. But for your easy understanding, we have tried to simplify it as below. Once the USCIS receives the petition, that date will be your priority date. The USCIS may also use the dates of filing to ask green card applicants in the U.S. to submit their Adjustment of Status applications. The reports including the total number of immigrant visa applicants are sent to the Visa Office every month. All rights reserved. We will look more details below, lets dive into the dates of filing and final action dates and how they move. 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. But, what happens when the immigrant visa finally becomes available and the priority date is current? Posted by userkv (15) 4 minutes ago. 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. Emily Neumann is Managing Partner at Reddy & Neumann, P.C. 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. This is essentially where the DOS is when it comes to processing petitions. How Do I Know If USCIS Received My Application? What do you think of the dates for filing and final action dates movement? RedBus2US.com 2010 - 2023, All Rights Reserved. The Form I-485 processing time is long, and the wait can be difficult. Santosh, Yes, that could be the reason, we do not know for sure. EB-3 green cards to Chinese citizens). Not yet. STEP 2: Once the petition is approved an immigrant visa number is assigned to you. EMPLOYMENT-BASED GREEN CARD PROCESSING UPDATE - HSD Immigration Firm How Do I Speak to a Live Person at USCIS? I hmy final action date is current and I had finger print processing in Jan 2021 and got my EAD. what happens when final action date is current? It is helpful knowing it is not necessary to file the I-485 case as soon as the priority date becomes current. IMPORTANT UPDATE: There is a significant advancement of Priority Dates in EB-3 India category in October 2020VISA BULLETIN. At a Glance: The entire Form I-485 process typically takes 8 to 14 months from the time of filing but there are key steps along the way that you should be aware of. If this is your first visit, be sure to Thanks Nagesh. This is a great space to write long text about your company and your services. At this stage priority date between oct01-mar02 does not matter. Many applicants want to file on the first day of the month in which their priority dates become current. No matter who you speak to along the immigration journey, one topic looms darkly over the conversation: priority dates. Filing Date vs Final Action Dates: Visa Bulletin? They usually look at their pending applicants count with them and forecast, if they have any shortage of applications. What is the final action date? - Immigration Planner The case may be filed at a later time, as long as all requirements are met at the time of that later filing. This bulletin reveals how many green cards are available for each category and also shows priority dates. what happens when final action date is current? Another provision of AC21 may allow continued extensions of H-1B status in one-year increments according to Section 106(b). If a person does not file in December 2011, therefore, even though s/he could do so, the opportunity is not necessarily lost. 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. 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. 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. I am now waiting for the perm approval in my curret company. 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'. Six conference tournaments will be in action Friday as the weekend arrives and we get closer to seeing the first automatic bids to the NCAA Tournament secured. What happens after my priority date becomes current? 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. Here at VisaNation, we have helped countless people like yourself obtain their green cards. 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). You do not have a priority date set. what happens when final action date is current?filipino ethnocentrism 5 examples Yes! The entire prediction process is quite difficult, so many people may not understand it. 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. This is not due to any prejudice on the part of the Department of State. 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 . Just keep waiting. I hope this is not . Retrogression FAQs | Loke Walsh Immigration Law Because the expiration date of the EAD will be tied to the . Which priority date is current? With Final Action Dates, when they show as C or Current, it means that there isnt any wait time in the queue for green cards. This is what makes the date so important. Thank you indian_ocean. I read that once your final action date becomes current , you are required to file 485 and start final leg of process within 1 year or you risk to loose your spot in priority date queue.This has not been issue in the past as most people would have significant gap between filing date and final action date becoming current. Can his current employer C do something or he has to go back to previous employer A? Why they move back and forth and how it impacts the priority dates. Green card applicants will be informed by the NVC when they will get current priority dates based on the Visa Bulletins Final Action Dates. Advisory Action not mailed until after end of three months from mailing date of Final Office Action In this case, extension fees are calculated from the Advisory Action mailing date . 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. Background for Dates for Filing & Final Action Dates. US Department of State introduced the concept of Final Action Dates and Dates for Filing only from October 2015 Visa Bulletin. Difference between Final Action Dates and Dates for Filing. Apply online for the loan amount you need. These dates are typically eight to 12 months prior to the expected Final Action Dates and allow applicants to submit their application for permanent residence and relevant documents before it is time for the government to approve it. Furthermore, the Visa Office tends to aggregate the high-level Categories numbers for reporting and prediction, including EB-1, F1, and F2A. 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. The good news is that many U.S. employers prefer premium processing, which will expedite the overall processing time. 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. Once the priority date becomes current the foreign national may apply for their physical green card. What is the best possible course of action for him thru his current employer C? 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. These were all introduced as part of Obama plan for modernizing legal immigration in 2015. Sign and return that note if you wish to accept the loan offer. This is essentially where the DOS is when it comes to processing petitions. Thanks. Since the Final Action Date was not current, we did not get an approval and the document the officer gave us said they were unable to make a decision at that time. All Rights Reserved. That's great! Let's say that the priority date of the applicant is the 1st of December, 2010 and that the final action date is the 22nd of December, 2010. My filing date is current for 3+ years now. 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. It is necessary to be in the United States in order to file the I-485. The case may be filed at a later time, as long as all requirements are met at the time of that later filing. 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. It has Dates for Filing charts and Final Action Dates charts. Not only that, but they also receive the pending adjustment of status application number from the USCIS. Residence senior - Niort 79; Residence senior - Rochefort 17 GUIDE to Travel to US with valid Visa on Expired Passport ? With that, the Indian final action date is finally current, although it's unclear how long-lived this status will be. 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. Green Card Wait Time - Check Priority Date - Mygcvisa
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