what happens when final action date is current?

However, there is a catch. it deals with people transferring employers after an I-485 has been pending for at least 180 days.) Dates for Filing refers to the earliest dates that a green card applicant may apply for their green card. It has two charts: "Final Action Dates for Employment-Based Preference Cases" and "Dates for Filing of Employment-Based Visa Applications." What Country of Residence and How to Know Yours When on a Visa, How to Check Dropbox Eligibility with the App, Pending Adjustment of Status applicants count that the USCIS sends, Qualified Immigrant Visa Applicants count that the U.S. Consulates send, Historical counts of Abandonments, Denials, and withdrawals. What are Final Action Dates in Visa Bulletin? Wells Fargo, Go to company page However, covid has brought special circumstances and filling and final action dates are moving fast for India.If one changes job , new company would start perm and it takes 1.3-1.5 years on an average to get perm approved from join date. However, here is the general application process that most applicants will go through: 1. Thus, delaying the I-485 means being tied to the particular employment for a longer duration. At this stage priority date between oct01-mar02 does not matter. 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. I have filed the I-485 during Oct 2020 ( based on the Filing date chart in Oct 2020 Visa Bulletin). what happens when final action date is current? Legal services are provided by VisaNation Law Group PLLC, a Florida professional limited liability company. The Department of State has an annual limit on the number of green cards it distributes to any country from any category (e.g. USCIS uses final action dates as the default priority dates asking green card applicants to apply for Adjustment of status. I-140 petitions do not expire. 1. Our attorney said that if the priority date was not current they usually do that. Thank you indian_ocean. 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). See below how it looks in a diagram. No matter who you speak to along the immigration journey, one topic looms darkly over the conversation: priority dates. I hope you have received your green card by now! There's one twist to the Visa Bulletin. Thanks. USCIS processes all I-485s. I am now waiting for the perm approval in my curret company. The information contained on this website is for general information purposes only and is not a substitute for legal advice and does not create an attorney-client relationship. what does y mean in rubik's cube algorithms . What is the best possible course of action for him thru his current employer C? In order to port her EB-3 status to EB-2, she will need to either be promoted to a higher position that requires her masters degree or she will need to find a new job that requires the degree. Thanks. You may also watch the YouTube video on Dates of Filing vs Final Action Dates that covers the details in this article. It is the day that the USCIS receives your green card petition. 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. JavaScript is disabled. 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. Those who are outside of the U.S. when their priority dates become current may have to wait until they return to the U.S., usually in a dual intent status, such as an H or L. Added to the more common travel and marriage reasons to delay filing I-485s are a host of other scenarios. Hi. Once the USCIS receives the petition, that date will be your priority date. Equipment. Dates for Filing in Visa Bulletin Explained, Final Action Dates in the Visa Bulletin Explained, given Green Card Category Codes to identify. CANADA, 5 Kenley Road 2023 Berardi Immigration Law. 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. Confirm all security and background checks are completed; 3. Yes. Because the expiration date of the EAD will be tied to the . This is an important date because once the immigrant visa number is available, the foreign national's physical green card can be issued. Stilt is committed to helping immigrants build a better financial future. 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 . Usually, Dates for Filing are used during the fiscal years first few months, such as October and November. USCIS in preparation for next fiscal year (starts from October 1st) will forecast how many applications they would need to meet the Green Card numerical limits by end of the fiscal year (September of next year). 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. 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. 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. A few differences can be seen between the Dates for Filing and Final Action Dates. Did the officer told you that the only reason not to approve was your PD not being current? That's great! Age at Time of Visa Availability Pending Time = CSPA Age Approval Date Filing Date = Pending Time. To make it easier for foreign nationals to track their place in line, U.S. You can choose an autopay method online to help you pay on time every month. Qualified Immigrant Visa Applicants count received from US Consulates, Pending Adjustment of Status applicants count received from USCIS. That's a wealth of information. There is also a risk of retrogression. Delaying ones filing can also delay eligibility for promotions and job changes. All Rights Reserved. But what is the difference between them? Stronger applications get better loan offers. 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. The job offer must exist at the time of the I-485 filing. If you are terminated while both the I-140 and I-485 are pending with USCIS AND employer withdraws I-140 petition. This means that do not abandon . My Priority Date is Current, Am I Eligible for Additional H-1B Extensions? Below are the things that you can do depending on your situation. The reports including the total number of immigrant visa applicants are sent to the Visa Office every month. It is not like other processing. The length of time could be significant. They can also file applications for green cards with USCIS without having to wait. you'll need to file your I-485 application for adjustment of . 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. B1/B2, H1, F1? It may not display this or other websites correctly. When marriage plans are uncertain, it is not uncommon to defer the I-485 filing. CEAC Website, Errors Info. The priority date represents the foreign nationals place in line for a green card. 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. tula tungkol sa magsasaka at mangingisda; Lets get started! Toronto, Ontario M5C 1C4 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. he doesnt have I140 approved from current employer C yet. But I my h1b was approved without issues. 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. I hmy final action date is current and I had finger print processing in Jan 2021 and got my EAD. If a person does not file in December 2011, therefore, even though s/he could do so, the opportunity is not . Microsoft, Go to company page This will help you better understand how the Dates for Filing and Final Action Dates movement in next sections. While she was waiting, she obtained a masters degree in computer science. Among these is one important series of questions concerning when one must file the adjustment of status (I-485) application. Assuming you do not have an I-485 pending from your EB3 case, AC21 portability is not really a factor (i.e. 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. 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. You may notice that the dates for some countries are different from others. 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. 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. Im a firm believer that information is the key to financial freedom. Cannot be construed as legal advice. Could be a few days to several months. If you are considering applying for a personal loan, just follow these 3 simple steps. Then it's time to move forward with the process of getting your immigrant visa or green card. Also, it doesnt provide any priority dates under the sub-categories level. You do not have a priority date set. If you are considering downgrading your petition from EB-2 to EB-3, read THIS ARTICLE. The Interview was in December. Why they move back and forth and how it impacts the priority dates. However, USCIS may excuse a failure to file in its discretion if the H-1B worker establishes that the failure to apply for adjustment of status was due to circumstances beyond his or her control. Historical counts of Denials, Abandonments and withdrawals. Anyone waiting to receive an employment-based or family-based green card is likely already familiar with the visa bulletin. I-485 Issues Common to All Services Centers, Visa Bulletin and Priority Dates Retrogression Iss. This is essentially where the DOS is when it comes to processing petitions. 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. 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. I have H4/L2 Kid under 21 years: In cases of H4 children, we strongly suggest filing a new EB2 i485 always. How Do I Know Which USCIS Service Center? It will help them issue maximum number of Green Cards per year, without wasting them, as per Congress guidance. Also, they will help schedule interviews for immigrant visas based on the final action dates by working with the U.S. consulates. mcgilley state line obituaries. If a person does not file in December 2011, therefore, even though s/he could do so, the opportunity is not necessarily lost. There are, however, overall risks in waiting for greatly extended periods of time, as explained below. Those with questions regarding case timing and I-485 filings should seek advice from a knowledgeable and qualified immigration attorney. What happens when Final Action Date is current ? Also, for reporting and prediction, The Visa Office aggregates numbers on the high-level Categories like F1, F2A, EB-1 and does not give priority dates under sub-categories level. The NVC uses Dates for Filing from Visa Bulletin to notify applicants to start submitting the documents and work with them for all the required steps to make them ready for green card interview. When your final action date becomes current, you would see Current or C in the Visa Bulletin. As such, people who are stuck in the backlog have the opportunity to apply for work authorization and get it much sooner. The case may be filed at a later time, as long as all requirements are met at the time of that later filing. How Do I Know If USCIS Received My Application? Thanks. What it means is that you can go ahead and apply for the next steps to get your green card and there is no wait time. Else you will have to get it via FOIA, This is right. 2023 VisaNation, Inc. All Rights Reserved. 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. contact our office to schedule a consultation. 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. Once the priority date becomes current the foreign national may apply for their physical green card. When assessing this risk, it is necessary to consider the reason for the cutoff date advancement. This is because the marriage green card is in a separate category called immediate family. 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 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 . Anyone knows how lawyers recommend handling this situation? 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. meaning that the priority date must be current. Difference between Final Action Dates and Dates for Filing. While it is permissible to file the I-485 as soon as ones priority date becomes current, this is not a requirement. Medallia. After you file the I-485, you will receive notification that the USCIS has received it. All times are GMT-5. 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. This is an important date because once the immigrant visa number is available, the foreign nationals physical green card can be issued. When can you Apply for H1B Visa Stamping after Petition Approval? If priority date becomes current within first 1-2 months of joining company , is that a lost opportunity for that individual ? I hope they become current soon! 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). You must log in or register to reply here. This is essentially where the DOS is when it comes to processing petitions. what happens when final action date is current? The entire prediction process is quite difficult, so many people may not understand it. However, for those populated countries that regularly submit more petitions than their limit, priority date waiting times could take decades to become current, if they ever become current at all. 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.. Basically, documentarily complete means that NVC has received all basic documents, fees and the applicant is ready to be interviewed when priority dates become current for that applicant. Lets take a look at the example again: Martha applied for an EB-3 as a software developer. There is no timeline. Unfortunately It's in Uscis hands. 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. 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.

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