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check out the. I hmy final action date is current and I had finger print processing in Jan 2021 and got my EAD. Legal services are subject to a separate attorney agreement between VisaNation Law Group PLLC (formerly SGM Law Group PLLC) and you. How Are Green Card and Immigrant Visas Counts Reported? This can be a significant risk, particularly in a period of economic instability. Green card reporting is taken care of by the Visa Office (VO) part of the U.S. Department of State (DOS). GUIDE to Travel to US with valid Visa on Expired Passport ? Concurrently, these reports are obtained from the U.S. consulates and Embassies from all over the world. Answer (1 of 3): Green Card The steps you must take to apply for a Green Card will vary depending on your individual situation. 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. That is when the priority date is said to be current: 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. London TW1 1JT If the advancement is an unusual circumstance (such as occurred in the summer of 2007), waiting may be risky, as retrogression is highly likely. Also, similarly one can file green card applications with USCIS without waiting. If a person does not file in December 2011, therefore, even though s/he could do so, the opportunity is not . From project selection to the final green card, our experienced team assists and advises investors throughout the EB-5 process. Now you need to set up your repayment method. You may also call the DOS at (202) 663-1541 for a 24-hour recording that gives the priority dates that are currently being processed. So , in order to best utilize this opportunity to get his greencard and EAD, what would be suggested course of action for him? The CAA, SoCon and Summit League are . When will the National Benefits Center begin reporting Form I-485 processing times? What should you do with your priority date? #workvisa #greencard #ead #485, Go to company page by | Jul 3, 2022 | small rosary tattoo | Jul 3, 2022 | small rosary tattoo 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. So what should you do if youre looking at decades of waiting time for your priority date. The Dates for Filing are the earliest dates green card applicants may apply for a green card. One of the most common reasons among MurthyDotCom and MurthyBulletin readers involves marriage plans. or i can file anytime after I come over to USA ? After you file the I-485, you will receive notification that the USCIS has received it. Medallia. It will all be based on the: The priority dates will keep changing depending on how the numbers of the three counts listed above vary. 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. Posted by userkv (15) 4 minutes ago. For some, this prevents opportunities for promotions and other career advancement. . CEAC Website, Errors Info. The reports including the total number of immigrant visa applicants are sent to the Visa Office every month. Its all about the priority date. What are Final Action Dates in Visa Bulletin? You can think these dates as if your position in queue has reached the end and you are ready to get the green card. How Do I Know Which USCIS Service Center? 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. 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 . 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. 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'. So, you will have to wait until the final action date matches or passes your priority date before you can receive a green card number. EB-3 green cards to Chinese citizens). Confirm all security and background checks are completed; 3. 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. We will look more details below, lets dive into the dates of filing and final action dates and how they move. 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). 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. It is essentially like starting over from scratch. How many weeks are they expecting to provide a decision after the date becomes current per Visa bulletin for a category. 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. Why is your priority date important? 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. This is essentially where the DOS is when it comes to processing petitions. Why do Dates for Filing and Final Action Dates fluctuate? 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. what happens when final action date is current? 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. Assuming you do not have an I-485 pending from your EB3 case, AC21 portability is not really a factor (i.e. My interview was complete in Oct 2018. The priority dates that were used before introduction of two separate dates are nothing but the final action dates. I485 applied, what happens if dates retrogress? Heavily-populated countries such as China or India usually exceed the annual limit on green cards across several different categories, causing backlogs to build and dates to retrogress. Toronto, Ontario M5C 1C4 Once the USCIS receives the petition, that date will be your priority date. Microsoft, Go to company page The process of prediction is pretty complicated. 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. 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. If there is a date shown, that's the "cutoff date." Compare that to your priority date. 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. The NVC receives the green card applications after the USCIS approves them. This is a process by which you can adjust your status from nonimmigrant to immigrant. My filing date is current for 3+ years now. Also, Visa Bulletins after the first few months of the USCIS fiscal year will tell everyone to use final action 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. 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 . 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. Difference Between Final Action Dates & Dates for Filing? Depending on how the above three numbers vary, you would see movement of the priority dates. 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 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. [There is an exception to this under the American Competitiveness in the Twenty First Century Act (AC21). You do not have a priority date set. Travel to USA Processes, Samples, How to Guides, USCIS suggests which charts to use for filing adjustment of status, Green Card Numerical Limits, Country Caps, Priority Date, introduced the concept of two dates to align procedures, Obama plan for modernizing legal immigration in 2015, report of total number of immigrant visa (Green Card) applicants, video on Dates of Filing vs Final Action Dates, USCIS Visa Bulletin filings charts webpage, Trump Travel Ban for Immigrant Visa holders, https://visagrader.com/uscis-processing-times/i-485-eb, GUIDE to H1B Visa 2023 Lottery, Registration, Predictions, News, FAQs. Residence senior - Niort 79; Residence senior - Rochefort 17 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. To make it easier for foreign nationals to track their place in line, U.S. 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. I was in this situation 2 years ago - final cutoff date was current for longer than a year when I switched job. Is there a separate paper work to let USCIS know that you still have intent to file for PR as soon as ur PERM is approved ? Depending on the month of the year and movement of priority dates, USCIS suggests which charts to use for filing adjustment of status. Stilt is committed to helping immigrants build a better financial future. If the job offer is lost or the business shuts down prior to the I-485 filing, the case will end. Ruchi, There is no shortcut, he has to get the PERM done with C. Can you also analyze the proposed changes related to Duration of Status for F1 visa Particularly its impact on OPT and STEM OPT extensions https://www.insidehighered.com/news/2020/09/25/trump-administration-proposes-major-overhaul-student-visa-rules. For Consular processing Green Card applicants, after the green card application ( form I-130 or I-140 ) is approved by USCIS, it is sent to National Visa Center(NVC) for next steps. Apply online for the loan amount you need. No names are reported, but only the counts of applicants with that status at a consulate or embassy are reported. What is Dates for Filing in Visa Bulletin? 2271 Final Action [R-07.2015] Before a final action is in order, a clear issue should be developed between the examiner and the patent owner. 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. 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 ? 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). It has Dates for Filing charts and Final Action Dates charts. 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. mcgilley state line obituaries. 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. It may be many years before her priority date is current. Once your "priority date" becomes current, you can apply for your immigrant visa at a U.S. Consulate, or if you are in the U.S. in valid status or are otherwise eligible, through Adjustment of Status. This date shows what your priority level is according to the Department of State. 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. Guide How does it work? This is an important date because once the immigrant visa number is available, the foreign national's physical green card can be issued. Keep this data handy in case you need to compare it to the dates in this bulletin. You must wait until your priority date is current with the final action dates posted by the Department of Homeland Security. tula tungkol sa magsasaka at mangingisda; Unfortunately It's in Uscis hands. senior housing bloomfield, nj. So, you will have to wait until the final action date matches or passes your priority date before you can . 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 second, new chart is the "Dates for Filing Application" chart, which indicates the date when a green card applicant can submit an I-485 adjustment of status application. 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. I am in the same boat as you are. Lets review, what they mean for NVC, Consulates and USCIS. 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 you are considering downgrading your petition from EB-2 to EB-3, read THIS ARTICLE. STEP 2: Once the petition is approved an immigrant visa number is assigned to you. To calculate when your priority date may . A few differences can be seen between the Dates for Filing and Final Action Dates. 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. Anxiety prevails among those about to file after waiting for years. Copyright 1999-document.querySelector("#footer-year").innerHTML=new Date().getFullYear(); immihelp.com. Lets look at them. We hope this post was helpful in this regard so you can have a smooth application process. If USCIS determines there are more immigrant visas available for a fiscal year than there are known applicants for such visas, it will allow foreign nationals to use theDates for Filing chart. I-140 petitions do not expire. While it is permissible to file the I-485 as soon as ones priority date becomes current, this is not a requirement. However, covid has brought special circumstances and filling and final action dates are moving fast for India. Age at Time of Visa Availability Pending Time = CSPA Age Approval Date Filing Date = Pending Time. 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. 1. Our attorney said that if the priority date was not current they usually do that. Generally, the dates are 8 to 12 months before the expected Final Action Dates. Everyone from that specific country and category can file for their green card and enjoy quick processing. As you read from above, there are many factors considered for prediction of the green card applications required to meet the numerical limit. Applicants require this information so they can file a Service Request if the Form I . Will this rapid movement be continue which help to move dates for filling become current? 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. 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. 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. 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 . USCIS approves the petition, thus making February 1, 2023 Manuel's Priority Date. The greatest risk in delaying is that the opportunity may be lost. -One-page form (PTO/SB/434) filed with After . Categories: Green CardsLive In The USWork In The US, Tags: employment based green cardGreen_Card_Marriagevisa bulletin. Not only that, but they also receive the pending adjustment of status application number from the USCIS. what does y mean in rubik's cube algorithms . The Form I-485 processing time is long, and the wait can be difficult. If an employer waits until the priority date is current to file the H1B extension, there is eligibility for only a one-year extension. Hi. Instead, you can contact the NVC and ask for the appropriate instructions. During h1b transfer, the lawyer of the new company said my h1b could be denied because of this rule. It may be helpful to document the steps the new employer has taken to file a labor certification on behalf of the employee. Below are the things that you can do depending on your situation. 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 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 . 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 Portability means that you may continue your current greencard process even if your position, location of employment, and employer change as long as the following conditions are met: 1 . Thanks. 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. 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. But what is the difference between them? Retrogress? 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. Here at VisaNation, we have helped countless people like yourself obtain their green cards. In handling applications for adjustment of status where immigrant visa numbers have regressed, U.S. If it becomes necessary during the monthly allocation process to retrogress a final action date, supplemental requests for numbers will be honored only if the priority date falls within the new . 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. Spray Foam Equipment and Chemicals. A physician who is subject to the J-1 two-year home return requirement generally has to delay the I-485 filing while s/he meets the terms of the waiver by working in an underserved area for three years. Anyone knows how lawyers recommend handling this situation? You may have heard of them or you may even be currently waiting for your priority date to be current right now. It is the day that the USCIS receives your green card petition. You are using an out of date browser. With that, the Indian final action date is finally current, although it's unclear how long-lived this status will be. However, here is the general application process that most applicants will go through: 1. Final Action Dates and Filing Dates are not the same, and you must know the differences if you are a green card applicant. . A green card cannot be issued unless the applicants priority date is earlier that the Final Action Date listed on the visa bulletin. I hope they become current soon! Application Final Action Dates chart (consistent with previous Visa Bulletins) and; . 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. Adjusting status to a lawful permanent resident of the United States is a big step! Berardi Immigration Laws award-winning immigration lawyers bring experience and knowledge to your immigration case with a personal touch. Provide any additional information if required. 2023 VisaNation, Inc. All Rights Reserved. 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 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. When assessing this risk, it is necessary to consider the reason for the cutoff date advancement. This bulletin reveals how many green cards are available for each category and also shows priority dates. In fact, if you petitioned for a family-based or employment-based green card, you most certainly have a priority date. 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.. Just keep waiting. If they withdraw after 6 months of approval the PD based on that 140 can still be used. If you are terminated while both the I-140 and I-485 are pending with USCIS AND employer withdraws I-140 petition. Salesforce, Go to company page 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. 1. The visa bulletin is published by the U.S. Department of State each month and serves as a waiting list for foreign nationals whose immigrant visas are subject to a yearly quota. The priority date represents the foreign nationals place in line for a green card. 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. 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. This is not always the case, however when one is not yet married and wants to include the future spouse, for example. US Department of State introduced the concept of Final Action Dates and Dates for Filing only from October 2015 Visa Bulletin. Could any gurus explain me what's going on. Not yet. Looks like it is going to be a long wait even after the final action date becomes current. US Department of State publishes the Visa Bulletin every month that summarizes the green card numbers availability by category and movement of priority dates. My father petitioned my brother with a Priority Date of 10/28/2005. USCIS processes all I-485s. How to Check US Visa Status Online? There are, however, overall risks in waiting for greatly extended periods of time, as explained below. 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. . If this is your first visit, be sure to A priority date determines a person's position in line for an immigrant visa. AC21 is beyond the scope of this article, but extensive information is available by searching AC21 on www.murthy.com.]. 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. How are Green Card or Immigrant Visas count Reported, Predicted? Your child gets CSPA protection only if the date got current in the Final action chart. The Department of State has an annual limit on the number of green cards it distributes to any country from any category (e.g. 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. In other words, if a person's priority date is listed in the Dates for Filing column, their priority date would be current in the Final Action Date column in less than a year. It will help them issue maximum number of Green Cards per year, without wasting them, as per Congress guidance. Cannot be construed as legal advice. It is not like other processing. Among these is one important series of questions concerning when one must file the adjustment of status (I-485) application. This behavior seems to be common. 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. But I my h1b was approved without issues. Maybe I am just unlucky and you may have better luck. meaning that the priority date must be current. As such, people who are stuck in the backlog have the opportunity to apply for work authorization and get it much sooner. They are asked by the USCIS to use the Dates for Filing in the first months of that current fiscal year. I was kinda excited today when I saw LUD but disappointed after seeing the same finger print messages. 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. Those with questions regarding case timing and I-485 filings should seek advice from a knowledgeable and qualified immigration attorney. 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. I-485 application. If priority date becomes current within first 1-2 months of joining company , is that a lost opportunity for that individual ? 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). 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. They usually look at their pending applicants count with them and forecast, if they have any shortage of applications. https://www.uscis.gov/green-card/green-card-processes-and-procedures/child-status-protection-act-cspa, A doubt about the age calculation in CSPA. This is not due to any prejudice on the part of the Department of State. 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. While it is permissible to file the I-485 as soon as one's priority date becomes current, this is not a requirement. Thanks. It is necessary to be in the United States in order to file the I-485. That's great! Things going very interesting for me too. See below screenshot from the same page, where they ask applicants to use Final Action dates for September 2020. This is where the DOS Visa Bulletin comes into the picture. provided the dates are not moved backward.. Whats the prediction going forward at least for EB3 category? #1. Watch this thread Start a new thread Add a post. 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. 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.