This change only applies to office actions issued on . We will update this table when we receive more data from USCIS/DOS. 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. Wells Fargo, Go to company page With the layoffs at NBC I dont see it happening anytime soon. tui salary cabin crew. . IMPORTANT UPDATE: There is a significant advancement of Priority Dates in EB-3 India category in October 2020VISA BULLETIN. All rights reserved. After which, your passport will be taken and then mailed back to you with a green card inside. But what is the difference between them? EB-3 green cards to Chinese citizens). I485 applied, what happens if dates retrogress? What do you think of the way ahead? Se (re)sentir chez soi; Des proches rassurs; Rester actif rester vivant; RSIDENCES SENIORS. 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 . 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. Please note: These wait times can change every few weeks as USCIS/DOS receives more applications. See what other people are asking and the advice they're getting. Just passing by to tell that I finally understood the difference between these two, thank you so much!!! RedBus2US.com 2010 - 2023, All Rights Reserved. In many cases, the Date for Filing will be well before the Final Action Date, meaning that the alien applicants . USCIS approves the petition, thus making February 1, 2023 Manuel's Priority Date. Its all about the priority date. Thanks. If priority date becomes current within first 1-2 months of joining company , is that a lost opportunity . Sign and return that note if you wish to accept the loan offer. Your name check needs be cleared by the time they take your I-485 file. 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. 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. 2023 Murthy Law Firm. Adjusting status to a lawful permanent resident of the United States is a big step! These will predict how many Green Cards will be available for the following months until the fiscal year ends. The priority dates that were used before introduction of two separate dates are nothing but the final action dates. Also, this is the Category that is printed on the physical Green Card that is issued to the applicant. @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 ? 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. The dates of filing may also be used by USCIS asking Green Card applicants in US to submit applications for Adjustment of Status. Still, after your priority date becomes current in the "Application Final Action Dates" chart, you will have one year to pursue your visa or green card. Your green card can only be approved if the PD date is current in the Final action chart. 1. We hope this post was helpful in this regard so you can have a smooth application process. Applicants require this information so they can file a Service Request if the Form I . You can check https://visagrader.com/uscis-processing-times/i-485-eb to know processing times history by location. 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. My interview was complete in Oct 2018. The National Visa Center (NVC) uses these dates to let green card applicants know that they can finally start getting qualified documentarily. The length of time could be significant. Which priority date is current? Well, if you are getting an employment-based green card, you may have heard of having the option to port your green card from one preference level to the next. But I my h1b was approved without issues. 2. 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. provided the dates are not moved backward.. Whats the prediction going forward at least for EB3 category? You may notice that the dates for some countries are different from others. Difference between Final Action Dates and Dates for Filing. The Visa Bulletin is released by the U.S. Department of State. We have to wait and watch. To make it easier for foreign nationals to track their place in line, U.S. Usually, if you see Visa Bulletin after the USCIS fiscal year starts after first couple of months(Oct, Nov), USCIS asks everyone to use final action dates. Suite 202 What happens when Final Action Date is current ? 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. with 15 years of experience practicing US immigration law providing services to U.S. businesses and multinational corporations. Some countries have dates that move forward every month while others have dates that dont move at all or actually go backward in a process called retrogression. sell my timeshare now phone number what happens when final action date is current? Citizenship and Immigration Services (USCIS) will not adjudicate your case until your priority date becomes current again. This is a process by which you can adjust your status from nonimmigrant to immigrant. Also, Visa Bulletins after the first few months of the USCIS fiscal year will tell everyone to use final action dates. US Department of State publishes the Visa Bulletin every month that summarizes the green card numbers availability by category and movement of priority dates. -Current version of program (AFCP 2.0) available since 2013, now extended through September 30, 2016. Legal services are subject to a separate attorney agreement between VisaNation Law Group PLLC (formerly SGM Law Group PLLC) and you. Anyone waiting to receive an employment-based or family-based green card is likely already familiar with the visa bulletin. Below are the things that you can do depending on your situation. You may also watch the YouTube video on Dates of Filing vs Final Action Dates that covers the details in this article. With that, the Indian final action date is finally current, although it's unclear how long-lived this status will be. PD Date is current in DOF but USCIS disallows: You cannot do anything. 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 . Instead, you can contact the NVC and ask for the appropriate instructions. But at the same time, I don't want to miss the priority date of Dec 2008 and also would like to receive the GC without any issues. 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. USCIS is supposed to also enforce it, but I've never heard of a case where it happened. This means that do not abandon . I am now waiting for the perm approval in my curret company. NVC does not process I-485s. Unfortunately It's in Uscis hands. This will help you better understand how the Dates for Filing and Final Action Dates movement in next sections. Confirm all security and background checks are completed; 3. Qualified Immigrant Visa Applicants count received from US Consulates, Pending Adjustment of Status applicants count received from USCIS. I-485 Approvals Possible: Impact on Spouses / Children without Filed I-485s. 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. As mentioned above, labor certification filings are based on a specific job offer. They are asked by the USCIS to use the Dates for Filing in the first months of that current fiscal year. 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. Also, with two dates, US Dept of State would be able to more accurately predict the demand and supply of Green Card numbers. At this stage priority date between oct01-mar02 does not matter. While she was waiting, she obtained a masters degree in computer science. 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. 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 ? 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. Guide How does it work? Else you will have to get it via FOIA, This is right. Also, they enable the applicants to submit their important documents and their permanent residence application before the government can approve it. It would then be held until the final . 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. The process of prediction is pretty complicated. you'll need to file your I-485 application for adjustment of . While it is permissible to file the I-485 as soon as ones priority date becomes current, this is not a requirement. how long does it take to get the gc after priority date is C. Like this thread 0 0. scripps institution of oceanography graduate programs; rosemont seneca advisors website As such, people who are stuck in the backlog have the opportunity to apply for work authorization and get it much sooner. 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. She is a member of the American Immigration Lawyers Association and Society for Human Resource Management. However, others will have to wait until the final action date passes their priority date in order for their priority dates to be considered current. This is a great space to write long text about your company and your services. I have H4/L2 Kid under 21 years: In cases of H4 children, we strongly suggest filing a new EB2 i485 always. The loan then gets disbursed into your U.S. bank account within a reasonable number of days (some lenders will be as quick as 2-3 business days). No matter who you speak to along the immigration journey, one topic looms darkly over the conversation: priority dates. 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. When your final action date becomes current, you would see Current or C in the Visa Bulletin. Lets review, what dates for filing mean for NVC, Consulates and USCIS. The priority date represents the foreign nationals place in line for a green card. Youll have to compare your priority date to the final action dates that are posted in the visa bulletin. These issues should be discussed with an experienced, qualified immigration attorney, who can provide guidance in such matters. -One-page form (PTO/SB/434) filed with After . You must wait until your priority date is current with the final action dates posted by the Department of Homeland Security. 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. If this is your first visit, be sure to I have filed the I-485 during Oct 2020 ( based on the Filing date chart in Oct 2020 Visa Bulletin). Maybe I am just unlucky and you may have better luck. In fact, if you petitioned for a family-based or employment-based green card, you most certainly have a priority date. 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. If you are considering downgrading your petition from EB-2 to EB-3, read THIS ARTICLE. Basically, October is when the fiscal year starts, and that is also when the number of total annual available Green Card numbers are divided by the Visa Office into monthly allotments. 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. Travel abroad is another common reason that individuals are not always able to file their I-485s immediately when the priority date becomes current. 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. 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. This is an important date because once the immigrant visa number is available, the foreign nationals physical green card can be issued. Lets look at an example: Martha is an Indian citizen waiting on an EB-3 green card with a priority date in March 2016. 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. So , in order to best utilize this opportunity to get his greencard and EAD, what would be suggested course of action for him? Immediate relatives include: Immigrant visas for immediate relatives of U.S. citizens are unlimited, so they are always available.. Moreover, the job offer must generally continue to exist throughout the life of the case, and it is expected that the foreign national will continue to work in the sponsored employment for a reasonable period following approval of the I-485. Your personal information is protected by our Privacy Policy. Your child gets CSPA protection only if the date got current in the Final action chart. London TW1 1JT In this post, we will take a look at the final action date vs filing date and analyze their differences. 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. I hope they become current soon! 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. Based on current USCIS processing times, an initial application for an H-4 EAD can take up to 8.5 months to be issued. This makes it possible to have more applications ready in the queue to meet the whole years demand. If your application meets the eligibility criteria, the lender will contact you with regard to your application. According to the current policy memo guiding adjudications, the clock starts ticking on the 180-day period as soon as the I-485 is appropriately filed with USCIS . A few differences can be seen between the Dates for Filing and Final Action Dates. Your use of this website and our software platform are subject to VisaNation Inc.'s privacy policy and terms of use. 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. 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. 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. I would like to know if anyone's I-485 application with Dallas FO after transfer from NBC to Dallas Fo on July 20th. But, what happens when the immigrant visa finally becomes available and the priority date is current? How it benefits you is because porting your green card allows your employer to indicate that your original green card priority date should be retained. 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. 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. The Form I-485 processing time is long, and the wait can be difficult. You can find your priority date on the I-797 form mailed by USCIS approving your I-130 petition. 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. Citadel Securities, Go to company page For others, it could be risky, potentially causing them to lose the opportunity for a long time. Things going very interesting for me too. See below screenshot from USCIS Visa Bulletin filings charts webpage, where they ask applicants what date to use in a particular month. They usually look at their pending applicants count with them and forecast, if they have any shortage of applications. 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. 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. 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. immihelp.com is private non-lawyer web site. Opinion only. . Also, it doesnt provide any priority dates under the sub-categories level. We understand that waiting for a decision on a pending I-485 after a priority date becomes current may be frustrating especially after having waited for years for a current priority date. 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. I have filed under niw eb2. That way, you can avoid having your priority date reset and your waiting time will be subject to the new final action dates listed in the bulletin for the higher preference level. There has been no movement on my case so far. Anxiety prevails among those about to file after waiting for years. This is called visa retrogression, which occurs when more people apply for a visa in a particular category . This can be done for most employment-based green cards and does not have to go from an EB-3 to an EB-2 or an EB-2 to and EB-1. For each category and for each country, there is a date that is called the final action date. If one is able to overcome the reasons for the denial, typically through an appeal or a motion to reopen, s/he (and all dependent family members) may be able to file the I-485 at a later time. USCIS allows green card applicants inside US to apply for adjustment of Status to get Green Card, when their priority date is current. To calculate when your priority date may . However, covid has brought special circumstances and filling and final action dates are moving fast for India. I hmy final action date is current and I had finger print processing in Jan 2021 and got my EAD. I hope this is not . 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. You don't have to wait for the government to call you after you notice this. Make sure to get a copy of 140 from your employer. Just keep waiting. All times are GMT-5. 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. 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 . Will this rapid movement be continue which help to move dates for filling become current? The Visa Office (VO) that is part of US Department of State (DOS) handles the green card numbers reporting and prediction. 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 . senior housing bloomfield, nj. See below screenshot from the same page, where they ask applicants to use Final Action dates for September 2020. 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'. Santosh, Yes, that could be the reason, we do not know for sure. There's no way to know exactly when, so . 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. 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. 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). The job offer must exist at the time of the I-485 filing. I hope you have received your green card by now! How to Apply for H4 EAD? Some lenders send a promissory note with your loan offer. or i can file anytime after I come over to USA ? 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. 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. An individual in this situation would need to file an adjustment of status and use the employment authorization (EAD) card received based on that application in order to continue to work. If an employer waits until the priority date is current to file the H1B extension, there is eligibility for only a one-year extension. Lets take a look at the example again: Martha applied for an EB-3 as a software developer. 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. Could any gurus explain me what's going on. Questions such as this, about delaying the I-485 filing, are addressed here for the benefit of MurthyDotCom and MurthyBulletin readers. Note that, while your priority date is set and does not move, the final action dates change from month to month. I agree. They will also work with US consulates to schedule immigrant visa interview for these applicants based on the final action dates. 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? 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. Copyright 2011, MURTHY LAW FIRM. Hire Us. Lets review, what they mean for NVC, Consulates and USCIS. My filing date is current for 3+ years now. 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. 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. As you read from above, there are many factors considered for prediction of the green card applications required to meet the numerical limit. 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 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. Also, they will help schedule interviews for immigrant visas based on the final action dates by working with the U.S. consulates. How many weeks are they expecting to provide a decision after the date becomes current per Visa bulletin for a category. The NVC receives the green card applications after the USCIS approves them. For example, July Visa Bulletin is most likely published between June 10 th and 15 th. 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 They can also file applications for green cards with USCIS without having to wait. If Manuel had checked the Bulletin for February of 2023 . . I hmy final action date is current and I had finger print processing in Jan 2021 and got my EAD. 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 Thus, delaying the I-485 means being tied to the particular employment for a longer duration. There is no actual time limit governing how long a person could wait to move forward with an I-485 filing. GUIDE to Travel to US with valid Visa on Expired Passport ? 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). 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. The good news is that many U.S. employers prefer premium processing, which will expedite the overall processing time. Altho all cases are different. 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. 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.

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