The priority dates moved!! Now what?? - Medium Speak with your immigration attorney to see if green card porting is appropriate for your case. GUIDE to Travel to US with valid Visa on Expired Passport ? How Do I Know Which USCIS Service Center? If they withdraw after 6 months of approval the PD based on that 140 can still be used. Please do let us know how long did it take for USCIS to make a decision on your I485 application after the final action date became current in April 2020. 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. 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. 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. Your I-485 (green card application) will be denied. Is it possible to continue to extend the H-1B? On that bulletin, people can see two types of dates: filing date charts and final action date charts. Hi , there has not been any movement in the Final action dates for F4 category in October and November. Salesforce, Go to company page 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. 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. 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. Oct 2020 bulletin , the filing date for India is Jan 1 2015 for EB3. 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. 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. No the office didn't say anything. Also, similarly one can file green card applications with USCIS without waiting. What do you think of the way ahead? what happens when final action date is current? 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). If you take a look at the Department of States monthly visa bulletin, you may be surprised to see that there is no section for marriage-based green cards under the family immigration section. I guess you've got no I-485 RFE ? It would then be held until the final . 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. Maybe I am just unlucky and you may have better luck. How to Check US Visa Status Online? Did the officer told you that the only reason not to approve was your PD not being current? what does y mean in rubik's cube algorithms . Else you will have to get it via FOIA, This is right. 2023 Murthy Law Firm. Both routes can be advantageous based on your situation. The above final action date projections for the Family and Employment categories indicate what is likely to happen on a monthly basis through January. 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. This is the same case with current October 2020 Visa Bulletin as well. So what should you do if youre looking at decades of waiting time for your priority date. The 1 year rule usually is only enforced if the I-140 is under NVC jurisdiction. How Do I Speak to a Live Person at USCIS? 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. Unfortunately there is way to tell how long it will take. Berardi Immigration Laws award-winning immigration lawyers bring experience and knowledge to your immigration case with a personal touch. Anxiety prevails among those about to file after waiting for years. 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. 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. Would the person risk loosing out filing for GC forever ? 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. This change only applies to office actions issued on . -One-page form (PTO/SB/434) filed with After . This may prevent the applicant from filing the I-485 when the priority date becomes current. Final Action Dates and Filing Dates are not the same, and you must know the differences if you are a green card applicant. 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. The Interview was in December. So, you will have to wait until the final action date matches or passes your priority date before you can . 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 . B1/B2, H1, F1? Visa Bulletin (Priority Dates) - Adhikari Law PLLC Those with questions regarding case timing and I-485 filings should seek advice from a knowledgeable and qualified immigration attorney. 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). Any exceptions for a certain month will be mentioned in the Visa Bulletin and specified to use filing dates. When you see that your Priority Date is current on the "Dates for Filing . Confirm all security and background checks are completed; 3. 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. Because the number of green card applicants generally exceeds the available immigrant visas, foreign nationals are given priority dates when an initial immigrant petition or labor certification is filed. 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. CEAC Website, Errors Info. [There is an exception to this under the American Competitiveness in the Twenty First Century Act (AC21). 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. Green Card Priority Dates: What To Expect | The Complete Guide - VisaNation Cannot be construed as legal advice. 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. meaning that the priority date must be current. 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'. 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. 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 . You may have heard of them or you may even be currently waiting for your priority date to be current right now. You don't have to wait for the government to call you after you notice this. 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. 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. he doesnt have I140 approved from current employer C yet. If you have any questions, send us an email at [emailprotected]. 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. Stronger applications get better loan offers. All Rights Reserved, In a consultation, an attorney can provide answers to your questions, or you may engage our firm for your immigration process. The greatest risk in delaying is that the opportunity may be lost. 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. Why Is It Longer For Some Countries Than Others? You can check https://visagrader.com/uscis-processing-times/i-485-eb to know processing times history by location. I485 applied, what happens if dates retrogress? what happens when final action date is current? This is where the DOS Visa Bulletin comes into the picture. what happens when final action date is current? The Visa Bulletin: Final Action Dates vs. Dates for Filing No action was taken since I wasnt sure if I wanted to continue the petition thru me. If you are considering downgrading your petition from EB-2 to EB-3, read THIS ARTICLE. 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. Travel abroad is another common reason that individuals are not always able to file their I-485s immediately when the priority date becomes current. For others, it could be risky, potentially causing them to lose the opportunity for a long time. Santosh, Yes, that could be the reason, we do not know for sure. EMPLOYMENT-BASED GREEN CARD PROCESSING UPDATE - HSD Immigration Firm When my father died in 2013, I reported to my lawyer and I dont know now what the lawyer did. 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 . USCIS Visa Bulletin Mar 2023 Employment Green Card Dates - USA - AM22Tech 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. but, they will 'hold off' on issuing an approval until it becomes current. Final Action Date vs Filing Date - Things You Should Know - Stilt Blog To make it easier for foreign nationals to track their place in line, U.S. 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. Conduct the adjustment of status interview; 2. By NJ80, January 30, 2012 in AOS & CP : General. 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. Newport Beach, CA 92660, 18 King Street East, Suite 1400 In fact, if you petitioned for a family-based or employment-based green card, you most certainly have a priority date. The CAA, SoCon and Summit League are . 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. 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. I am now waiting for the perm approval in my curret company. Looks like it is going to be a long wait even after the final action date becomes current. Sign and return that note if you wish to accept the loan offer. 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 Visa Bulletin is released by the U.S. Department of State every month. Don't hold your breath. They can do the interview before the 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). 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. 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. If you are considering applying for a personal loan, just follow these 3 simple steps. How Do I Know If USCIS Received My Application? CONCEPT. What happens when your priority date for green card processing - Quora See below how it looks in a diagram. Historical counts of Denials, Abandonments and withdrawals. 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. 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. My father petitioned my brother with a Priority Date of 10/28/2005. The other option is to go through consular processing, which involves making an appointment with the U.S. Consulate or Embassy in your home country. US Department of State introduced the concept of Final Action Dates and Dates for Filing only from October 2015 Visa Bulletin. by | Jul 3, 2022 | small rosary tattoo | Jul 3, 2022 | small rosary tattoo Unfortunately, there is no ability to extend an H-1B that is already beyond the six-year limit any further. Detailed Green Card Wait Time: Based on March 2023 data from USCIS/DOS, please see below current wait time for both EB and FB categories. May 2022 Visa Bulletin Predictions - Path2USA Also, with two dates, US Dept of State would be able to more accurately predict the demand and supply of Green Card numbers. I agree. My Priority Date is Current, Am I Eligible for Additional H-1B Priority Date Finally Current! How Soon Should I-485 be Filed? 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). Not only that, but they also receive the pending adjustment of status application number from the USCIS. While it is permissible to file the I-485 as soon as one's priority date becomes current, this is not a requirement. Please note: These wait times can change every few weeks as USCIS/DOS receives more applications. Keep this data handy in case you need to compare it to the dates in this bulletin. However, there is a catch. Could be a few days to several months. How long does it take to get green card after becoming current? . 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 ? Apply online for the loan amount you need. Multiple I-140 Approvals: What happens to my priority date and who can Your green card can only be approved if the PD date is current in the Final action chart. Filing Date vs Final Action Dates: Visa Bulletin? 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). "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. From project selection to the final green card, our experienced team assists and advises investors throughout the EB-5 process. USCIS allows green card applicants inside US to apply for adjustment of Status to get Green Card, when their priority date is current. 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 ? However, here is the general application process that most applicants will go through: 1. Emily Neumann is Managing Partner at Reddy & Neumann, P.C. what happens when final action date is current? We will update this table when we receive more data from USCIS/DOS. 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. 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. 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.

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