Hi. Why Is It Longer For Some Countries Than Others? 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 due to the fact that some countries submit many more petitions than others. 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. I-485 Approvals Possible: Impact on Spouses / Children without Filed I-485s. Adjustment of Status And Visa Retrogression | myattorneyusa How VisaNation Law Group Attorneys Can Help. 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. tula tungkol sa magsasaka at mangingisda; I was kinda excited today when I saw LUD but disappointed after seeing the same finger print messages. Newport Beach, CA 92660, 18 King Street East, Suite 1400 what happens when final action date is 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. Why do I get AOS interview before PD is current? All Rights Reserved. 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. Emily has been quoted in Bloomberg Law, U.S. News & World Report, Inside Higher Ed, and The Times of India on various hot topics in immigration. This is because the marriage green card is in a separate category called immediate family. Please note: These wait times can change every few weeks as USCIS/DOS receives more applications. 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. Concurrently, these reports are obtained from the U.S. consulates and Embassies from all over the world. This is an important date because once the immigrant visa number is available, the foreign nationals physical green card can be issued. Citizenship and Immigration Services (USCIS) will not adjudicate your case until your priority date becomes current again. 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. US Department of State introduced the concept of Final Action Dates and Dates for Filing only from October 2015 Visa Bulletin. When assessing this risk, it is necessary to consider the reason for the cutoff date advancement. What happens if I filed my I-485 application previously but my priority A green card cannot be issued unless the applicant . 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. Countries that submit fewer petitions than the limit will see their final action dates move forward. Not only that, but they also receive the pending adjustment of status application number from the USCIS. meaning that the priority date must be current. USCIS Visa Bulletin Mar 2023 Employment Green Card Dates - USA - AM22Tech Keep this data handy in case you need to compare it to the dates in this bulletin. What if you are unable to file your I-485 application for adjustment of status within one year of your Final Action Date becoming current, such as the situation when you are no longer with the employer that sponsored your labor certification and I-140 petition? If you are terminated while both the I-140 and I-485 are pending with USCIS AND employer withdraws I-140 petition. 2023 Berardi Immigration Law. Generally, the dates are 8 to 12 months before the expected Final Action Dates. 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 ? How Do I Speak to a Live Person at USCIS? This is not to be confused with a change of status or a transfer of status, which are different processes entirely. what happens when final action date is current? he doesnt have I140 approved from current employer C yet. Seek new employment if you have remaining H-1B time and file new PERM and I-140. No action was taken since I wasnt sure if I wanted to continue the petition thru me. What Happens After I-485 Interview When The Priority Date Is Not Current? The priority date doesn't matter because there is no annual limit in your category. Usually, Dates for Filing are used during the fiscal years first few months, such as October and November. 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. 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. #workvisa #greencard #ead #485, Go to company page what happens when final action date is current? This is what makes the date so important. 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. 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. It is the day that the USCIS receives your green card petition. Anyone knows how lawyers recommend handling this situation? When can you Apply for H1B Visa Stamping after Petition Approval? 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. 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. Termination of Employment and Green Card Application Everyone from that specific country and category can file for their green card and enjoy quick processing. tui salary cabin crew. here the Filing date, Is this the date of i-485 filing? The Interview was in December. 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. See below screenshot from USCIS Visa Bulletin filings charts webpage, where they ask applicants what date to use in a particular month. There has been no movement on my case so far. I hope they become current soon! CEAC Website, Errors Info. I was in this situation 2 years ago - final cutoff date was current for longer than a year when I switched job. If they withdraw after 6 months of approval the PD based on that 140 can still be used. Ruchi, If he has to apply now, the only option is to go with A as there is no perm with C. Thanks Kumar for the response. The Form I-485 processing time is long, and the wait can be difficult. @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 ? "C" means "current," in other words, that there is no more wait and you can file your adjustment application now. It is necessary to be in the United States in order to file the I-485. If priority date becomes current within first 1-2 months of joining company , is that a lost opportunity for that individual ? First, when a fiscal year starts in October, Visa Office divides the total annual available Green Card numbers into monthly allotments. If the dates for filing shows as Current or C, then it also means that there is no wait time to apply for visa interview at the US consulate abroad to get immigrant visa. End of Sentence for Entering Canada with a Criminal Record? You can find your priority date on the I-797 form mailed by USCIS approving your I-130 petition. HOW TO READ THE VISA BULLETIN // If you're trying to figure out how to read the visa bulletin, this video is for you. GUIDE to Travel to US with valid Visa on Expired Passport ? Some lenders send a promissory note with your loan offer. 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. 1. 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. 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 . My Priority Date is Current, Am I Eligible for Additional H-1B Extensions? with 15 years of experience practicing US immigration law providing services to U.S. businesses and multinational corporations. With the layoffs at NBC I dont see it happening anytime soon. 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. See below screenshot from the same page, where they ask applicants to use Final Action dates for September 2020. Speak with your immigration attorney to learn more. Thank you indian_ocean. What do you think of the way ahead? The dates for filing are typically used by National Visa Center (NVC) to notify immigrant visa applicants (green card applicants), who are outside of US to prepare themselves and submit all the relevant documents required for the Green Card Visa Interview at US Consulates. IMPORTANT UPDATE: There is a significant advancement of Priority Dates in EB-3 India category in October 2020VISA BULLETIN. We will look more details below, lets dive into the dates of filing and final action dates and how they move. While she was waiting, she obtained a masters degree in computer science. Priority Date Finally Current! How Soon Should I-485 be Filed? nagesh, This totally depends on the location, if you have already submitted medicals and if they would call for an interview. No matter who you speak to along the immigration journey, one topic looms darkly over the conversation: priority dates. . I would like to know if I really need to have an attorney by my side to help in this process or I can do it myself ? 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. 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. Your child gets CSPA protection only if the date got current in the Final action chart. Date For Filing vs. Final Action Date, the Two-Tiered Visa Bulletin 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. There's one twist to the Visa Bulletin. Final Action Dates or Application Final Action Dates refer to the dates when the green card numbers will be available for a particular country and category. They can do the interview before the final action date is current . 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). Lets look at them. Copyright 1999-document.querySelector("#footer-year").innerHTML=new Date().getFullYear(); immihelp.com. This makes it possible to have more applications ready in the queue to meet the whole years demand. If a person does not file in December 2011, therefore, even though s/he could do so, the opportunity is not necessarily lost. This can be a significant risk, particularly in a period of economic instability. They will also work with US consulates to schedule immigrant visa interview for these applicants based on the final action dates. The date is current in DOF and USCIS allows: You can file i485, i765, and i131. Green card applicants will be informed by the NVC when they will get current priority dates based on the Visa Bulletins Final Action Dates. She is a member of the American Immigration Lawyers Association and Society for Human Resource Management. Conduct the adjustment of status interview; 2. 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. My Priority Date is Current, Am I Eligible for Additional H-1B As such, people who are stuck in the backlog have the opportunity to apply for work authorization and get it much sooner. No. In other words, if a person's priority date is listed in the Dates for Filing column, their priority date would be current in the Final Action Date column in less than a year. It may be many years before her priority date is current. 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. 1. Once NVC receives all the documents in step 9 and they will mark them as Documentarily Complete. Both routes can be advantageous based on your situation. If Manuel had checked the Bulletin for February of 2023 . This is called visa retrogression, which occurs when more people apply for a visa in a particular category . There is also a risk of retrogression. I have filed the I-485 during Oct 2020 ( based on the Filing date chart in Oct 2020 Visa Bulletin). In order for a spouse to be eligible for immigration benefits under the umbrella of the primary applicants employment-based green card case, the marriage must occur before the I-485 is approved. What happens after my priority date becomes current? Final Action Dates: Final action dates are determined by your Green Card category and chargeability area which is your country of origin. Unless the priority date of the applicant is earlier than the visa bulletins listed Final Action Date, no green card can be issued. While it is permissible to file the I-485 as soon as one's priority date becomes current, this is not a requirement. The job offer must exist at the time of the I-485 filing. Copyright 2011, MURTHY LAW FIRM. Is it because of the visa bank and interviews not being scheduled? Submit the required documentation and provide your best possible application. Once your date becomes current USCIS will take all the I-485 that became current (from oct01-mar02) and then they will start processing based on the 485 receipt date.

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