what happens when final action date is current?

There is also a risk of retrogression. 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). If the final action date moves forward until it matches the current calendar date, it will be considered current (marked by a C in the bulletin). NVC does not process I-485s. If they withdraw after 6 months of approval the PD based on that 140 can still be used. When applicants in the U.S. get a current priority date, the USCIS allows them to apply for an adjustment of status for a Green Card. Why do Dates for Filing and Final Action Dates fluctuate? 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. Once the priority date becomes current the foreign national may apply for their physical green card. Interesting. There has been no movement on my case so far. 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. My priority date is April 2015 and my I 485 (EB1C India) was filed on April 2019 due to the filing date being current.. Fingerprinting was done shortly after but we got an RFE in July. The applicants with status of Documentary complete are the ones that consulates report to Visa Office for Visa number predictions. I would like to know if anyone's I-485 application with Dallas FO after transfer from NBC to Dallas Fo on July 20th. On that bulletin, people can see two types of dates: filing date charts and final action date charts. 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. This behavior seems to be common. 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. Newport Beach, CA 92660, 18 King Street East, Suite 1400 It will help them issue maximum number of Green Cards per year, without wasting them, as per Congress guidance. HOW TO READ THE VISA BULLETIN // If you're trying to figure out how to read the visa bulletin, this video is for you. We will update this table when we receive more data from USCIS/DOS. Thank you indian_ocean. Did the officer told you that the only reason not to approve was your PD not being current? . Usually, Dates for Filing are used during the fiscal years first few months, such as October and November. or i can file anytime after I come over to USA ? The process of prediction is pretty complicated. Medallia. #1. Salesforce, Go to company page Then it's time to move forward with the process of getting your immigrant visa or green card. 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. US Department of State publishes the Visa Bulletin every month that summarizes the green card numbers availability by category and movement of priority dates. Also, similarly one can file green card applications with USCIS without waiting. what happens when final action date is current? 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. These were all introduced as part of Obama plan for modernizing legal immigration in 2015. I guess you've got no I-485 RFE ? So what is a priority date? Could any gurus explain me what's going on. 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. Seek new employment if you have remaining H-1B time and file new PERM and I-140. CONCEPT. 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. In many cases, the Date for Filing will be well before the Final Action Date, meaning that the alien applicants . 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. This is a great space to write long text about your company and your services. The priority date represents the foreign nationals place in line for a green card. The date is current in DOF and USCIS allows: You can file i485, i765, and i131. I am in the same boat as you are. Berardi Immigration Laws award-winning immigration lawyers bring experience and knowledge to your immigration case with a personal touch. 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. How are Green Card or Immigrant Visas count Reported, Predicted? F2A: CURRENT (Spouse and under 21 children of Legal Permanent Residents) FX: CURRENT (F2A Cases with older priority dates) F2B: 22 SEP 2015 (Unmarried Sons/Daughters of Legal Permanent Residents) F3: 22 NOV 2008 (Married Sons/Daughters of U.S. Citizens) F4: 22 MAR 2007 (Brothers/Sisters of U.S. Citizens and their Spouses and under 21 Children) The first chart, the "Application Final Action Dates" chart will list the priority dates that are current. I hmy final action date is current and I had finger print processing in Jan 2021 and got my EAD. 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. 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. 2023 VisaNation, Inc. All Rights Reserved. If a person does not file in December 2011, therefore, even though s/he could do so, the opportunity is not necessarily lost. Keep this data handy in case you need to compare it to the dates in this bulletin. 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. You don't have to wait for the government to call you after you notice this. Learn what others are saying about us on Google, Yelp, and Facebook or visit us at https://www.stilt.com. The above final action date projections for the Family and Employment categories indicate what is likely to happen on a monthly basis through May. If this is your first visit, be sure to Our experience suggests that very often an I-485 application will be adjudicated (approved) or issued a request for evidence (if required) within two to four . When your final action date becomes current, you would see "Current" or "C" in the Visa Bulletin. My filing date is current for 3+ years now. The Visa Bulletin is released by the U.S. Department of State every month. 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. with 15 years of experience practicing US immigration law providing services to U.S. businesses and multinational corporations. It is the day that the USCIS receives your green card petition. With the layoffs at NBC I dont see it happening anytime soon. No names are reported, but only the counts of applicants with that status at a consulate or embassy are reported. USCIS allows green card applicants inside US to apply for adjustment of Status to get Green Card, when their priority date is current. Depending on the month of the year and movement of priority dates, USCIS suggests which charts to use for filing adjustment of status. 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. what happens when final action date is current? The dates of filing may also be used by USCIS asking Green Card applicants in US to submit applications for Adjustment of Status. 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. Unless the priority date of the applicant is earlier than the visa bulletins listed Final Action Date, no green card can be issued. Copyright 1999-document.querySelector("#footer-year").innerHTML=new Date().getFullYear(); immihelp.com. Im a firm believer that information is the key to financial freedom. Qualified Immigrant Visa Applicants count received from US Consulates, Pending Adjustment of Status applicants count received from USCIS. How Are Green Card and Immigrant Visas Counts Reported? A green card cannot be issued unless the applicants priority date is earlier that the Final Action Date listed on the visa bulletin. @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 ? Lets look at them. This means that do not abandon . 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. See below how it looks in a diagram. 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. Based on current USCIS processing times, an initial application for an H-4 EAD can take up to 8.5 months to be issued. 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.. What happens when an applicant has an EB-2 case pending but subsequently moves to EB-3 for a more advantageous final action date? Also, they enable the applicants to submit their important documents and their permanent residence application before the government can approve it. 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. Also, they will help schedule interviews for immigrant visas based on the final action dates by working with the U.S. consulates. Applicants in that category and from that country can file the green card and will be processed immediately. JavaScript is disabled. Not affiliated with any government agency. 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. Emily Neumann is Managing Partner at Reddy & Neumann, P.C. No. RedBus2US.com 2010 - 2023, All Rights Reserved. I hmy final action date is current and I had finger print processing in Jan 2021 and got my EAD. Oct 2020 bulletin , the filing date for India is Jan 1 2015 for EB3. You can find your priority date on the I-797 form mailed by USCIS approving your I-130 petition. It would then be held until the final . 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. The Visa Bulletin is released by the U.S. Department of State. The Visa Office (VO) that is part of US Department of State (DOS) handles the green card numbers reporting and prediction. Anyone waiting to receive an employment-based or family-based green card is likely already familiar with the visa bulletin. 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. Youll have to compare your priority date to the final action dates that are posted in the visa bulletin. Citizenship and Immigration Services (USCIS) will not adjudicate your case until your priority date becomes current again. Depending on how the above three numbers vary, you would see movement of the priority dates. Attorneys at the Murthy Law Firm are available for consultation on these matters. We take a holistic underwriting approach to determine your interest rates and make sure you get the lowest rate possible. USCIS approves the petition, thus making February 1, 2023 Manuel's Priority Date. he doesnt have I140 approved from current employer C yet. There is no easy way out, just need to wait for things to get normal. My interview was complete in Oct 2018. Submit the required documentation and provide your best possible application. That's great! Anxiety prevails among those about to file after waiting for years. Hi. They will also work with US consulates to schedule immigrant visa interview for these applicants based on the final action dates. 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. 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. 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 . Everyone from that specific country and category can file for their green card and enjoy quick processing. However, that requires that the I-485 remain pending for at least 180 days. Will this rapid movement be continue which help to move dates for filling become current? Don't hold your breath. 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. The Department of State has an annual limit on the number of green cards it distributes to any country from any category (e.g. Applicants require this information so they can file a Service Request if the Form I . but, they will 'hold off' on issuing an approval until it becomes current. One of the most common reasons among MurthyDotCom and MurthyBulletin readers involves marriage plans. They can do the interview before the final action date is current . The Department of State usually releases new visa bulletin two to three weeks ahead. PD Date is current in DOF but USCIS disallows: You cannot do anything. One of my friend is on H1b Visa and have I-140 approved from previous employer A under Eb2 category. 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. If she then petitions for an EB-2 green card in January 2019 and is approved, then her priority date will be retained at March 2016 rather than resetting to January 2019. I hope you have received your green card by now! For some, this prevents opportunities for promotions and other career advancement. 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. How to Apply for H4 EAD? . See below screenshot from the same page, where they ask applicants to use Final Action dates for September 2020. In this article, we will look at the differences and how the different dates thing works. Stronger applications get better loan offers. This is where the DOS Visa Bulletin comes into the picture. I have read a couple of posts from people that said that took up to 3 months after PD became current. Najwitszej Maryi Panny Krlowej Polski > Bez kategorii > what happens when final action date is current? Else you will have to get it via FOIA, This is right. A few differences can be seen between the Dates for Filing and Final Action Dates. Sometimes, a priority date that is current one month will not be current the next month, or the cut-off date will move backward to an earlier date. 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. 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 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.

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