what happens when final action date is current? what happens when final action date is current?

There are a number of reasons that an individual may not be able to or chooses not to file his or her I-485 in the month that the priority date first becomes current. 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. NVC does not process I-485s. This makes it possible to have more applications ready in the queue to meet the whole years demand. See below how it looks in a diagram. or i can file anytime after I come over to USA ? 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. Can his current employer C do something or he has to go back to previous employer A? For each category and for each country, there is a date that is called the final action date. 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. This is not to be confused with a change of status or a transfer of status, which are different processes entirely. 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 ? 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. There's no way to know exactly when, so . here the Filing date, Is this the date of i-485 filing? Would the person risk loosing out filing for GC forever ? Most people that petition for a green card have a priority date. Learn what others are saying about us on Google, Yelp, and Facebook or visit us at https://www.stilt.com. Youll have to compare your priority date to the final action dates that are posted in the visa bulletin. 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. Age at Time of Visa Availability Pending Time = CSPA Age Approval Date Filing Date = Pending Time. For example, below is what was used in October 2020, where it says to use Dates for Filing. Lets take a look at the example again: Martha applied for an EB-3 as a software developer. 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. Filing Date vs Final Action Dates: Visa Bulletin? 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 . Why Is It Longer For Some Countries Than Others? Typically, an applicant receives their green card from USCIS 1 to 4 weeks after approval of the adjustment of status, which is step 4 in the AOS timeline below: Make Progress Today. You don't have to wait for the government to call you after you notice this. It has Dates for Filing charts and Final Action Dates charts. See below screenshot from the same page, where they ask applicants to use Final Action dates for September 2020. Here at VisaNation, we have helped countless people like yourself obtain their green cards. Salesforce, Go to company page Below are some of the common differences between final action dates and dates for filing applications. Lets get started! There is no timeline. This is what makes the date so important. The Interview was in December. By NJ80, January 30, 2012 in AOS & CP : General. 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. I am now waiting for the perm approval in my curret company. Legal services are subject to a separate attorney agreement between VisaNation Law Group PLLC (formerly SGM Law Group PLLC) and you. You must log in or register to reply here. The CAA, SoCon and Summit League are . -Current version of program (AFCP 2.0) available since 2013, now extended through September 30, 2016. 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. People with this status are the ones that are reported to the Visa Office by the consulates for predictions for Visa numbers. You can choose an autopay method online to help you pay on time every month. 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. In this article, we will look at the differences and how the different dates thing works. Stronger applications get better loan offers. but, they will 'hold off' on issuing an approval until it becomes current. HOW TO READ THE VISA BULLETIN // If you're trying to figure out how to read the visa bulletin, this video is for you. His previous employer is unable to take him back untill they have a new job for him. Soon youll have your loan offer. If you meet these requirements, you may continue to extend your H-1B status in one-year increments until a final decision is made to approve or deny your pending I-485 application. Those with questions regarding case timing and I-485 filings should seek advice from a knowledgeable and qualified immigration attorney. 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. Beginning December 3, 2022, trademark applicants will have three months (with an optional three-month extension), instead of the current six months, to respond to office actions issued during the examination of a trademark application at the United States Patent and Trademark Office (USPTO). Final Action Dates: Final action dates are determined by your Green Card category and chargeability area which is your country of origin. If your priority date is on or before the cutoff date . 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 ? There is no actual time limit governing how long a person could wait to move forward with an I-485 filing. Difference between Final Action Dates and Dates for Filing. Thanks Nagesh. senior housing bloomfield, nj. How VisaNation Law Group Attorneys Can Help. Every month the Visa Office gets a report of total number of immigrant visa (Green Card) applicants from all US consulates & Embassies across the globe. Also, they will help schedule interviews for immigrant visas based on the final action dates by working with the U.S. consulates. 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. Retrogress? 2023 Berardi Immigration Law. 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. Looks like it is going to be a long wait even after the final action date becomes current. Microsoft, Go to company page Copyright 1999-document.querySelector("#footer-year").innerHTML=new Date().getFullYear(); immihelp.com. It is not like other processing. They are asked by the USCIS to use the Dates for Filing in the first months of that current fiscal year. The 1 year rule usually is only enforced if the I-140 is under NVC jurisdiction. Equipment. Applicants require this information so they can file a Service Request if the Form I . 2. Not yet. How to Check US Visa Status Online? Also, they get the number of pending applications of adjustment of status from USCIS. 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. Apply online for the loan amount you need. Anxiety prevails among those about to file after waiting for years. Medallia. Dates for Filing refers to the earliest dates that a green card applicant may apply for their green card. No action was taken since I wasnt sure if I wanted to continue the petition thru me. If there is a date shown, that's the "cutoff date." Compare that to your priority date. Usually, Dates for Filing are used during the fiscal years first few months, such as October and November. Lawyers suggestion is to avoid moving companies when date movement is rapid unless one qualifies for ac21 porting, https://www.avvo.com/legal-answers/is-there-a-time-limit-for-filing-i-485-from-the-ti-4054517.html. 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. You may notice that the dates for some countries are different from others. With the July 2020 bulletin out, Im excited to see how India EB1 final action dates are progressing. what happens when final action date is current? It is necessary to be in the United States in order to file the I-485. Maybe I am just unlucky and you may have better luck. Answer (1 of 3): Green Card The steps you must take to apply for a Green Card will vary depending on your individual situation. 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 job offer must exist at the time of the I-485 filing. Adjustment of status is only available to those that are already in the U.S. under a nonimmigrant visa status (such as an H-1B, L-1, or K-1 visa). Other individuals may have suffered a denial at either the labor certification or the I-140 stage. After you file the I-485, you will receive notification that the USCIS has received it. January 30, 2012. If an employer waits until the priority date is current to file the H1B extension, there is eligibility for only a one-year extension. Another provision of AC21 may allow continued extensions of H-1B status in one-year increments according to Section 106(b). 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. On that bulletin, people can see two types of dates: filing date charts and final action date charts. It has two charts: "Final Action Dates for Employment-Based Preference Cases" and "Dates for Filing of Employment-Based Visa Applications." Why do Dates for Filing and Final Action Dates fluctuate? IMPORTANT UPDATE: There is a significant advancement of Priority Dates in EB-3 India category in October 2020VISA BULLETIN. Just passing by to tell that I finally understood the difference between these two, thank you so much!!! I hope you have received your green card by now! 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 Manuel had checked the Bulletin for February of 2023 . You do not have a priority date set. It is the day that the USCIS receives your green card petition. You must wait until your priority date is current with the final action dates posted by the Department of Homeland Security. Speak with your immigration attorney to see if green card porting is appropriate for your case. See below how it looks in a diagram. There are, however, overall risks in waiting for greatly extended periods of time, as explained below. Thanks. 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'. I-485 Approvals Possible: Impact on Spouses / Children without Filed I-485s. If you have any questions about navigating the visa bulletin or are looking to become a lawful permanent resident in the U.S., pleasecontact our office to schedule a consultationwith one of our attorneys today! One of my friend is on H1b Visa and have I-140 approved from previous employer A under Eb2 category. If your filing date was current for 3+ years , you would have filed for AOS already right ? If priority date becomes current within first 1-2 months of joining company , is that a lost opportunity . 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). Travel abroad is another common reason that individuals are not always able to file their I-485s immediately when the priority date becomes current. Guide How does it work? This is a great space to write long text about your company and your services. Some lenders send a promissory note with your loan offer. New, Renewal? 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. 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.. First, when a fiscal year starts in October, Visa Office divides the total annual available Green Card numbers into monthly allotments. tui salary cabin crew. I guess you've got no I-485 RFE ? The final action date for an oversubscribed category is the priority date of the first applicant who could not be reached within the numerical limits. Generally, the dates are 8 to 12 months before the expected Final Action Dates. 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. No the office didn't say anything. If case action was originally made with EB-2 number was available but the date retrogressed before the case could be adjusted, USCIS would request an EB-2 visa authorization. Legal services are provided by VisaNation Law Group PLLC, a Florida professional limited liability company. 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. You can find your priority date on the I-797 form mailed by USCIS approving your I-130 petition. The determination of the actual monthly final action dates is subject to fluctuations in applicant demand and a number of other variables impacting processing. 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 . What is the best possible course of action for him thru his current employer C? what happens when final action date is current? 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. If you have any questions, send us an email at [emailprotected]. mcgilley state line obituaries. Background for Dates for Filing & Final Action Dates. You may also watch the YouTube video on Dates of Filing vs Final Action Dates that covers the details in this article. Spray Foam Equipment and Chemicals. If priority date becomes current within first 1-2 months of joining company , is that a lost opportunity for that individual ? @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 ? I was in this situation 2 years ago - final cutoff date was current for longer than a year when I switched job. All times are GMT-5. I hmy final action date is current and I had finger print processing in Jan 2021 and got my EAD. Speak with your immigration attorney to learn more. If you are considering downgrading your petition from EB-2 to EB-3, read THIS ARTICLE. While it is permissible to file the I-485 as soon as one's priority date becomes current, this is not a requirement. 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. . This is an important date because once the immigrant visa number is available, the foreign national's physical green card can be issued. what happens when final action date is current?filipino ethnocentrism 5 examples Yes! Why is your priority date important? Also, the NVC will tell applicants that their application is Documentarily complete. Interesting. Application Final Action Dates chart (consistent with previous Visa Bulletins) and; . The Department of State has an annual limit on the number of green cards it distributes to any country from any category (e.g. I have filed the I-485 during Oct 2020 ( based on the Filing date chart in Oct 2020 Visa Bulletin). To calculate when your priority date may . he doesnt have I140 approved from current employer C yet. sell my timeshare now phone number what happens when final action date is current? Also, Visa Bulletins after the first few months of the USCIS fiscal year will tell everyone to use final action dates. For some, this prevents opportunities for promotions and other career advancement. Oct 2020 bulletin , the filing date for India is Jan 1 2015 for EB3. Your child gets CSPA protection only if the date got current in the Final action chart. 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 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. 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. 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. 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) No names are reported, but only the counts of applicants with that status at a consulate or embassy are reported. I hope this is not . However, covid has brought special circumstances and filling and final action dates are moving fast for India. Just keep waiting. USCIS clarified that if the child applies for a green card under the Dates for Filing chart (prior to the date of visa availability according to the Final Action Dates chart), the child would meet the "sought to acquire" requirement; noting that child applicants who file based on the Dates for Filing chart may not ultimately be eligible for . 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. Note that, while your priority date is set and does not move, the final action dates change from month to month. STEP 2: Once the petition is approved an immigrant visa number is assigned to you. Now I hear this rule applies to I-485 stage as well. When marriage plans are uncertain, it is not uncommon to defer the I-485 filing.