Question: For those cases transferred to NBC, if the priority date is current under the "Final Action Date," please advise how an applicant could follow up with the USCIS. A few differences can be seen between the Dates for Filing and Final Action Dates. 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. So , in order to best utilize this opportunity to get his greencard and EAD, what would be suggested course of action for him? How Do I Know If USCIS Received My Application? After which, your passport will be taken and then mailed back to you with a green card inside. This is an important date because once the immigrant visa number is available, the foreign national's physical green card can be issued. How to read the Visa Bulletin | My priority date is current - YouTube Once the USCIS receives the petition, that date will be your priority date. 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. Green card reporting is taken care of by the Visa Office (VO) part of the U.S. Department of State (DOS). What is the final action date? - Immigration Planner There was only one chart and one date, which was just called priority date. Many applicants want to file on the first day of the month in which their priority dates become current. Depending on the month of the year and movement of priority dates, USCIS suggests which charts to use for filing adjustment of status. What happens when your priority date for green card processing - Quora No action was taken since I wasnt sure if I wanted to continue the petition thru me. When can you Apply for H1B Visa Stamping after Petition Approval? If your application meets the eligibility criteria, the lender will contact you with regard to your application. 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). Green Card Wait Time - Check Priority Date - Mygcvisa Maybe I am just unlucky and you may have better luck. 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. 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). Filing Date vs Final Action Dates: Visa Bulletin? You can use this space to go into a little more detail about your company. If your priority date is on or before the cutoff date . This is essentially where the DOS is when it comes to processing petitions. Biometrics? That's great! This is not to be confused with a change of status or a transfer of status, which are different processes entirely. Wells Fargo, Go to company page The date is current in DOF and USCIS allows: You can file i485, i765, and i131. Not only that, but they also receive the pending adjustment of status application number from the USCIS. what happens when final action date is current? check out the. "C" means "current," in other words, that there is no more wait and you can file your adjustment application now. nagesh, This totally depends on the location, if you have already submitted medicals and if they would call for an interview. Altho all cases are different. what happens when final action date is current? Copyright 1999-document.querySelector("#footer-year").innerHTML=new Date().getFullYear(); immihelp.com. This is not due to any prejudice on the part of the Department of State. Lets review, what dates for filing mean for NVC, Consulates and USCIS. Also note that if the accrual of the 1-year period is interrupted by the unavailability of an immigrant visa, such as when a priority date becomes current and later retrogresses, a new 1-year period starts when the priority date becomes current again. The reports including the total number of immigrant visa applicants are sent to the Visa Office every month. You may notice that the dates for some countries are different from others. Also, they enable the applicants to submit their important documents and their permanent residence application before the government can approve it. Suite 202 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. Not yet. There are few scenarios on why dates for filing & final action dates move forward or backward. When assessing this risk, it is necessary to consider the reason for the cutoff date advancement. -One-page form (PTO/SB/434) filed with After . How long does it take to get green card after becoming current? You can choose an autopay method online to help you pay on time every month. There's no way to know exactly when, so . 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. 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. London TW1 1JT This may prevent the applicant from filing the I-485 when the priority date becomes current. Green card applicants will be informed by the NVC when they will get current priority dates based on the Visa Bulletins Final Action Dates. A green card cannot be issued unless the applicant . It is the day that the USCIS receives your green card petition. I was in this situation 2 years ago - final cutoff date was current for longer than a year when I switched job. 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 . UNITED KINGDOM. Dates for Filing refers to the earliest dates that a green card applicant may apply for their green card. Your name check needs be cleared by the time they take your I-485 file. People with this status are the ones that are reported to the Visa Office by the consulates for predictions for Visa numbers. what happens when final action date is current? 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. Hi , there has not been any movement in the Final action dates for F4 category in October and November. If your filing date was current for 3+ years , you would have filed for AOS already right ? what happens when final action date is current? New deadline to respond to office actions for trademark applications Start new topic. Anyone knows how lawyers recommend handling this situation? This can be a significant risk, particularly in a period of economic instability. what happens when final action date is current? It will help them issue maximum number of Green Cards per year, without wasting them, as per Congress guidance. 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. 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. How VisaNation Law Group Attorneys Can Help. The applicants with status of Documentary complete are the ones that consulates report to Visa Office for Visa number predictions. provided the dates are not moved backward.. Whats the prediction going forward at least for EB3 category? In many cases, the Date for Filing will be well before the Final Action Date, meaning that the alien applicants . So what should you do if youre looking at decades of waiting time for your priority date. Why do Dates for Filing and Final Action Dates fluctuate? For example, below is what was used in October 2020, where it says to use Dates for Filing. Soon youll have your loan offer. The Dates for Filing are the earliest dates green card applicants may apply for a green card. Application Final Action Dates chart (consistent with previous Visa Bulletins) and; . A priority date determines a person's position in line for an immigrant visa. Retrogress? 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. Any exceptions for a certain month will be mentioned in the Visa Bulletin and specified to use filing dates. what happens when final action date is current? So, you will have to wait until the final action date matches or passes your priority date before you can . You are using an out of date browser. I would like to know if anyone's I-485 application with Dallas FO after transfer from NBC to Dallas Fo on July 20th. 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. This is called visa retrogression, which occurs when more people apply for a visa in a particular category . With that, the Indian final action date is finally current, although it's unclear how long-lived this status will be. what happens when final action date is current? 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. The Department of State usually releases new visa bulletin two to three weeks ahead. Unfortunately It's in Uscis hands. Legal services are provided by VisaNation Law Group PLLC, a Florida professional limited liability company. Salesforce, Go to company page Citadel Securities, Go to company page Which priority date is current? The case may be filed at a later time, as long as all requirements are met at the time of that later filing. Thanks. This is because the marriage green card is in a separate category called immediate family. 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. Sign and return that note if you wish to accept the loan offer. Your child gets CSPA protection only if the date got current in the Final action chart. Thanks Nagesh. I guess you've got no I-485 RFE ? 2023 VisaNation, Inc. All Rights Reserved. But, what happens when the immigrant visa finally becomes available and the priority date is current? Co. I was kinda excited today when I saw LUD but disappointed after seeing the same finger print messages. 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). Still Disadvantaged Even When Your Priority Date Becomes Current This is a process by which you can adjust your status from nonimmigrant to immigrant. 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. Stilt provides loans to international students and working professionals in the U.S. (F-1, OPT, H-1B, O-1, L-1, TN visa holders) at rates lower than any other lender. It may be helpful to document the steps the new employer has taken to file a labor certification on behalf of the employee. 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. Questions such as this, about delaying the I-485 filing, are addressed here for the benefit of MurthyDotCom and MurthyBulletin readers. Berardi Immigration Laws award-winning immigration lawyers bring experience and knowledge to your immigration case with a personal touch. Guide How does it work? So what is a priority date? 2. 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. Depending upon the movement of the cutoff dates, and any other delays or problems that arise in the I-485 case, this means that it may be necessary to file the H1B extension again in just one year. Countries that submit fewer petitions than the limit will see their final action dates move forward. Now you need to set up your repayment method. Lets look at them. he doesnt have I140 approved from current employer C yet. 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. You may also watch the YouTube video on Dates of Filing vs Final Action Dates that covers the details in this article. If there is a date shown, that's the "cutoff date." Compare that to your priority date. If a person does not file in December 2011, therefore, even though s/he could do so, the opportunity is not necessarily lost. The Form I-485 processing time is long, and the wait can be difficult. How are Green Card or Immigrant Visas count Reported, Predicted? 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 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. Once the priority date becomes current the foreign national may apply for their physical green card. Also, they will help schedule interviews for immigrant visas based on the final action dates by working with the U.S. consulates. 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. Hi. 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. Im a firm believer that information is the key to financial freedom. Also, if you are in the process of considering petitioning for a green card, the idea of having to wait decades could be terrifying. 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. 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. The job offer must exist at the time of the I-485 filing. 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. In fact, if you petitioned for a family-based or employment-based green card, you most certainly have a priority date. But what is the difference between them? While it is permissible to file the I-485 as soon as ones priority date becomes current, this is not a requirement. Why is your priority date important? What happens if I filed my I-485 application previously but my priority B1/B2, H1, F1? The dates of filing may also be used by USCIS asking Green Card applicants in US to submit applications for Adjustment of Status. Also, Visa Bulletins after the first few months of the USCIS fiscal year will tell everyone to use final action dates. In handling applications for adjustment of status where immigrant visa numbers have regressed, U.S. . It has two charts: "Final Action Dates for Employment-Based Preference Cases" and "Dates for Filing of Employment-Based Visa Applications." STEP 2: Once the petition is approved an immigrant visa number is assigned to you. Hi. 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. File H1B Extension Before Priority Date Becomes Current what happens when final action date is current? AC21 Job Change if Priority Date may Become Current If you see below chart of Immigrant Visa Process, the steps from Step 2 to Step 9 are done by NVC for applicants who are applying for Green Card (immigrant visa) from outside of US. See what other people are asking and the advice they're getting. It is essentially like starting over from scratch. That's a wealth of information. 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. Priority Date: Current, Retrogressed, or Doesn't Matter? Submit the required documentation and provide your best possible application. it deals with people transferring employers after an I-485 has been pending for at least 180 days.) USCISs goal is to have sufficient number of applications so that they can issue maximum number of green cards by end of year and they do not get wasted. tula tungkol sa magsasaka at mangingisda; 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. Unfortunately there is way to tell how long it will take. what happens when final action date is current? This can either be through your current employer or with a new one. 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. 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 . what happens when final action date is current? Indian EB-5 Final Action Date Current in July 2020 Visa Bulletin 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. 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 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. 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. As such, people who are stuck in the backlog have the opportunity to apply for work authorization and get it much sooner. GUIDE to Travel to US with valid Visa on Expired Passport ? 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. There is no easy way out, just need to wait for things to get normal. How many weeks are they expecting to provide a decision after the date becomes current per Visa bulletin for a category. The above final action date projections for the Family and Employment categories indicate what is likely to happen on a monthly basis through May. here the Filing date, Is this the date of i-485 filing? Apply online for the loan amount you need. 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. 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. Dates for Filing in Visa Bulletin Explained, Final Action Dates in the Visa Bulletin Explained, given Green Card Category Codes to identify. 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. 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. Also, this is the Category that is printed on the physical Green Card that is issued to the applicant. https://www.uscis.gov/green-card/green-card-processes-and-procedures/child-status-protection-act-cspa, A doubt about the age calculation in CSPA. Why Is It Longer For Some Countries Than Others? Filing Date vs Final Action Dates: Visa Bulletin? Guide - RedBus2US his priority date is Nov 2014. 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. 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. When you see that your Priority Date is current on the "Dates for Filing . How Do I Know Which USCIS Service Center? With the July 2020 bulletin out, Im excited to see how India EB1 final action dates are progressing. What is the best possible course of action for him thru his current employer C? With the layoffs at NBC I dont see it happening anytime soon. You can think these dates as if your position in queue has reached the end and you are ready to get the green card. The Visa Office (VO) that is part of US Department of State (DOS) handles the green card numbers reporting and prediction. Now I hear this rule applies to I-485 stage as well. 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. When your final action date becomes current, you would see "Current" or "C" in the Visa Bulletin. what happens when final action date is current? 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. 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. All rights reserved. what happens when final action date is current? Visa Bulletin - Everything U.S. Visa Applicants Need to Know - Kozycki Law