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. For H-1B workers who have been subject to per-country visa limitations and unable to file an application to adjust status (I-485), you are probably familiar with the ability to continue to extend H-1B status beyond the six-year limit in three-year increments based on your approved I-140 immigrant petition. To make it easier for foreign nationals to track their place in line, U.S. Legal services are provided by VisaNation Law Group PLLC, a Florida professional limited liability company. GUIDE to Travel to US with valid Visa on Expired Passport ? Many applicants want to file on the first day of the month in which their priority dates become current. #Eb3 #visabulletin #nurses #immigration #immigrationupdate --If you are an RN who wants to live and work in the USA, please visit our website to apply: http. In fact, if you petitioned for a family-based or employment-based green card, you most certainly have a priority date. 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. It may be many years before her priority date is current. Retrogress? 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. 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 . Youll have to compare your priority date to the final action dates that are posted in the visa bulletin. Se (re)sentir chez soi; Des proches rassurs; Rester actif rester vivant; RSIDENCES SENIORS. It is the day that the USCIS receives your green card petition. These were all introduced as part of Obama plan for modernizing legal immigration in 2015. Travel abroad is another common reason that individuals are not always able to file their I-485s immediately when the priority date becomes current. how long does it take to get the gc after priority date is C. Like this thread 0 0. Applicants in that category and from that country can file the green card and will be processed immediately. All of the high-level categories usually have several sub-categories that are given Green Card Category Codes to identify, including IR1, E12, E11, and others. Historical counts of Denials, Abandonments and withdrawals. If you check any of the previous editions of Visa Bulletin like September 2015 Visa Bulletin, you would not find two charts or two dates listed. When my father died in 2013, I reported to my lawyer and I dont know now what the lawyer did. For example, below is what was used in October 2020, where it says to use Dates for Filing. 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.. Parafia pw. I-485 Issues Common to All Services Centers, Visa Bulletin and Priority Dates Retrogression Iss. 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. Meanwhile, Final Action Dates show when there are actual available green card numbers for a certain category and country. 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. Add your thoughts in comments below. 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. One of the most common reasons among MurthyDotCom and MurthyBulletin readers involves marriage plans. 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). The Dates for Filing are the earliest dates green card applicants may apply for a green card. While it is permissible to file the I-485 as soon as one's priority date becomes current, this is not a requirement. 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. Difference between Final Action Dates and Dates for Filing. What do you think of the way ahead? 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. There is also a risk of retrogression. Hire Us. Toronto, Ontario M5C 1C4 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. What happens when Final Action Date is current ? Why is your priority date important? Filing Date vs Final Action Dates: Visa Bulletin? First, when a fiscal year starts in October, Visa Office divides the total annual available Green Card numbers into monthly allotments. UNITED KINGDOM. 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 . Some countries have dates that move forward every month while others have dates that dont move at all or actually go backward in a process called retrogression. 2023 Berardi Immigration Law. End of Sentence for Entering Canada with a Criminal Record? This is not to be confused with a change of status or a transfer of status, which are different processes entirely. 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 . 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. Everyone from that specific country and category can file for their green card and enjoy quick processing. If your priority date is on or before the cutoff date . From project selection to the final green card, our experienced team assists and advises investors throughout the EB-5 process. Another provision of AC21 may allow continued extensions of H-1B status in one-year increments according to Section 106(b). This is a great space to write long text about your company and your services. If there are any exceptions for any month, they will specify them at www.uscis.gov/visabulletininfo to use filing dates. 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 ? That's a wealth of information. . 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. It will help them issue maximum number of Green Cards per year, without wasting them, as per Congress guidance. 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. but, they will 'hold off' on issuing an approval until it becomes current. Any idea how long it takes to get gree card interview with current covid situation my Attorney says it takes 12 months any body did receive recently green card please share. Please note: These wait times can change every few weeks as USCIS/DOS receives more applications. 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. Your personal information is protected by our Privacy Policy. #1. 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 Visa Office (VO) that is part of US Department of State (DOS) handles the green card numbers reporting and prediction. 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. First Notice of Action (NOA): 1 to 5 weeks. Once the priority date becomes current the foreign national may apply for their physical green card. 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. I am now waiting for the perm approval in my curret company. mcgilley state line obituaries. Citizenship and Immigration Services local field offices are required to undertake the following steps: 1. The Visa Bulletin is released by the U.S. Department of State every month. 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. On that bulletin, people can see two types of dates: filing date charts and final action date charts. We will look more details below, lets dive into the dates of filing and final action dates and how they move. The Final Action Dates indicate the dates an immigrant visa number will be available for a foreign national with a current priority date that month. 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. This is not due to any prejudice on the part of the Department of State. The Department of State usually releases new visa bulletin two to three weeks ahead. Watch this thread Start a new thread Add a post. When will the National Benefits Center begin reporting Form I-485 processing times? Oct 2020 bulletin , the filing date for India is Jan 1 2015 for EB3. Also, they enable the applicants to submit their important documents and their permanent residence application before the government can approve it. Is it possible to continue to extend the H-1B? The date on final action date is still in June 2016 so I made that assumption that it would take at least a year for my PD becomes current. The first route is called adjustment of status. Could any gurus explain me what's going on. The Interview was in December. provided the dates are not moved backward.. Whats the prediction going forward at least for EB3 category? They can also file applications for green cards with USCIS without having to wait. The greatest risk in delaying is that the opportunity may be lost. 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. 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. This will help you better understand how the Dates for Filing and Final Action Dates movement in next sections. I have H4/L2 Kid under 21 years: In cases of H4 children, we strongly suggest filing a new EB2 i485 always. The above final action date projections for the Family and Employment categories indicate what is likely to happen on a monthly basis through January. 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. Else you will have to get it via FOIA, This is right. Berardi Immigration Laws award-winning immigration lawyers bring experience and knowledge to your immigration case with a personal touch. This is called visa retrogression, which occurs when more people apply for a visa in a particular category . 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. As mentioned above, labor certification filings are based on a specific job offer. The date is current in DOF and USCIS allows: You can file i485, i765, and i131. Interesting. They usually look at their pending applicants count with them and forecast, if they have any shortage of applications. "C" means "current," in other words, that there is no more wait and you can file your adjustment application now. This is where the DOS Visa Bulletin comes into the picture. USCIS is supposed to also enforce it, but I've never heard of a case where it happened. Here at VisaNation, we have helped countless people like yourself obtain their green cards. Some lenders send a promissory note with your loan offer. what happens when final action date is current? Also, this is the Category that is printed on the physical Green Card that is issued to the applicant. 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. 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. Unfortunately, there is no ability to extend an H-1B that is already beyond the six-year limit any further. 1. 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. This is because the marriage green card is in a separate category called immediate family. Let's say that the priority date of the applicant is the 1st of December, 2010 and that the final action date is the 22nd of December, 2010. Also, with two dates, US Dept of State would be able to more accurately predict the demand and supply of Green Card numbers. My Priority Date is Current, Am I Eligible for Additional H-1B Extensions? Having to wait for a green card priority date to be current can be difficult, and you may want to see what your options are when it comes to shortening this waiting time. This can be a significant risk, particularly in a period of economic instability. 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, 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. How to Check US Visa Status Online? check out the. Also, they will help schedule interviews for immigrant visas based on the final action dates by working with the U.S. consulates. Microsoft, Go to company page 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 published by the U.S. Department of State each month and serves as a waiting list for foreign nationals whose immigrant visas are subject to a yearly quota. . I guess you've got no I-485 RFE ? Below are some of the common differences between final action dates and dates for filing applications. In employment-based green card cases, the entire basis for a case is the employers job offer. Najwitszej Maryi Panny Krlowej Polski > Bez kategorii > what happens when final action date is current? here the Filing date, Is this the date of i-485 filing? Im a firm believer that information is the key to financial freedom. Also, it doesnt provide any priority dates under the sub-categories level. If ones case is delayed, and the cutoff dates retrogress, the individual then will have to wait until his/her priority date is current again. Can his current employer C do something or he has to go back to previous employer A? 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. 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. The reports including the total number of immigrant visa applicants are sent to the Visa Office every month. This date will be printed on your notice of receipt from the USCIS and should be noted as one of the most important dates concerning your green card processing time. With the July 2020 bulletin out, Im excited to see how India EB1 final action dates are progressing. Copyright 1999-document.querySelector("#footer-year").innerHTML=new Date().getFullYear(); immihelp.com. For example, in the Visa Bulletin for September 2019, under the F4 category (Brothers and Sisters of U.S. citizens), the Filing Date Table B Priority Date is 08MAR07 (March 8, 2007) while the Final Action Date Table A Priority Date is 01NOV06 (November 1, 2006). It may not display this or other websites correctly. 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) Not sure what a priority date means? Now I hear this rule applies to I-485 stage as well. Lets take a look at the example again: Martha applied for an EB-3 as a software developer. You can use this space to go into a little more detail about your company. 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. I have read a couple of posts from people that said that took up to 3 months after PD became current. Stronger applications get better loan offers. An individual in this situation would need to file an adjustment of status and use the employment authorization (EAD) card received based on that application in order to continue to work. IMPORTANT UPDATE: There is a significant advancement of Priority Dates in EB-3 India category in October 2020VISA BULLETIN. Lets look at an example: Martha is an Indian citizen waiting on an EB-3 green card with a priority date in March 2016. If you have any questions, send us an email at [emailprotected]. See below screenshot from USCIS Visa Bulletin filings charts webpage, where they ask applicants what date to use in a particular month. My father petitioned my brother with a Priority Date of 10/28/2005. Now you need to set up your repayment method. If you're an immediate relative of a U.S. citizen, you don't need to track the Visa Bulletin. NVC does not process I-485s. When you see that your Priority Date is current on the "Dates for Filing . The dates of filing may also be used by USCIS asking Green Card applicants in US to submit applications for Adjustment of Status. 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 ? 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. We have to wait and watch. Salesforce, Go to company page 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. 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. Maybe I am just unlucky and you may have better luck. Just keep waiting. Posted by userkv (15) 4 minutes ago. Green card applicants will be informed by the NVC when they will get current priority dates based on the Visa Bulletins Final Action Dates. By NJ80, January 30, 2012 in AOS & CP : General. Hi. So what should you do if youre looking at decades of waiting time for your priority date. When your final action date becomes current, you would see Current or C in the Visa Bulletin. 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. Lets get started! Make sure to get a copy of 140 from your employer. https://www.uscis.gov/green-card/green-card-processes-and-procedures/child-status-protection-act-cspa, A doubt about the age calculation in CSPA. 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. 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. This may prevent the applicant from filing the I-485 when the priority date becomes current. The information contained on this website is for general information purposes only and is not a substitute for legal advice and does not create an attorney-client relationship. While this sounds like an optimal situation and it is technically possible, there are some things to note before getting started. How Are Green Card and Immigrant Visas Counts Reported? Newport Beach, CA 92660, 18 King Street East, Suite 1400 2. The Visa Bulletin is released by the U.S. Department of State. You can check https://visagrader.com/uscis-processing-times/i-485-eb to know processing times history by location. The priority date doesn't matter because there is no annual limit in your category. All Rights Reserved. USCIS allows green card applicants inside US to apply for adjustment of Status to get Green Card, when their priority date is current. 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. Not sure which I-485s are processed by NVC, do they do only consular processing or regular processing too? People with this status are the ones that are reported to the Visa Office by the consulates for predictions for Visa numbers. Would the person risk loosing out filing for GC forever ? How are Green Card or Immigrant Visas count Reported, Predicted? JavaScript is disabled. Thus, delaying the I-485 means being tied to the particular employment for a longer duration.