No names are reported, but only the counts of applicants with that status at a consulate or embassy are reported. Once NVC receives all the documents in step 9 and they will mark them as Documentarily Complete. 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. On that bulletin, people can see two types of dates: filing date charts and final action date charts. 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. Everyone from that specific country and category can file for their green card and enjoy quick processing. If one is able to overcome the reasons for the denial, typically through an appeal or a motion to reopen, s/he (and all dependent family members) may be able to file the I-485 at a later time. This can be a significant risk, particularly in a period of economic instability. Looks like it is going to be a long wait even after the final action date becomes current. Why Is It Longer For Some Countries Than Others? This is the same case with current October 2020 Visa Bulletin as well. Which priority date is current? Save my name, email, and website in this browser for the next time I comment. With the July 2020 bulletin out, Im excited to see how India EB1 final action dates are progressing. If they withdraw after 6 months of approval the PD based on that 140 can still be used. Any idea how long it takes to get gree card interview with . 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). The CAA, SoCon and Summit League are . This is called visa retrogression, which occurs when more people apply for a visa in a particular category . Is it because of the visa bank and interviews not being scheduled? 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 can you Apply for H1B Visa Stamping after Petition Approval? If you are terminated while both the I-140 and I-485 are pending with USCIS AND employer withdraws I-140 petition. Sooner or later, your Priority Date will become currentin other words, you will finally see a later date, or the letter "C" on the "Dates for Filing" Visa Bulletin chart. Its all about the priority date. In reality, your employer will need to file an completely new petition, fees, and obtain a new PERM Labor Certification on your behalf. 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.. That is when the priority date is said to be current: Not affiliated with any government agency. Thanks Nagesh. All times are GMT-5. To bring the prosecution to a speedy conclusion and at the same time deal justly with the patent owner and the public, the examiner will twice provide the patent owner with such information and references . Your use of this website and our software platform are subject to VisaNation Inc.'s privacy policy and terms of use. I have filed the I-485 during Oct 2020 ( based on the Filing date chart in Oct 2020 Visa Bulletin). 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. Just keep waiting. Medallia. 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 . 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. This is where the DOS Visa Bulletin comes into the picture. That's great! For a visa to be available, the applicant's priority date must be prior to the Final Action Date listed on the applicable section of the visa bulletin. We have to wait and watch. 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). sell my timeshare now phone number what happens when final action date is current? US Department of State publishes the Visa Bulletin every month that summarizes the green card numbers availability by category and movement of priority dates. AC21 is beyond the scope of this article, but extensive information is available by searching AC21 on www.murthy.com.]. However, covid has brought special circumstances and filling and final action dates are moving fast for India. These will predict how many Green Cards will be available for the following months until the fiscal year ends. with 15 years of experience practicing US immigration law providing services to U.S. businesses and multinational corporations. Travel abroad is another common reason that individuals are not always able to file their I-485s immediately when the priority date becomes current. 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. It may be helpful to document the steps the new employer has taken to file a labor certification on behalf of the employee. Legal services are subject to a separate attorney agreement between VisaNation Law Group PLLC (formerly SGM Law Group PLLC) and you. 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 ? 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. They can also file applications for green cards with USCIS without having to wait. Could any gurus explain me what's going on. You may notice that the dates for some countries are different from others. In this article, we will look at the differences and how the different dates thing works. 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. A few differences can be seen between the Dates for Filing and Final Action Dates. Thank you indian_ocean. You do not have a priority date set. 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. After you file the I-485, you will receive notification that the USCIS has received it. We hope this post was helpful in this regard so you can have a smooth application process. For some, this prevents opportunities for promotions and other career advancement. 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. The process of prediction is pretty complicated. Instead, you can contact the NVC and ask for the appropriate instructions. I have filed under niw eb2. The National Visa Center (NVC) uses these dates to let green card applicants know that they can finally start getting qualified documentarily. Maybe I am just unlucky and you may have better luck. 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. Also, they enable the applicants to submit their important documents and their permanent residence application before the government can approve it. They will also work with US consulates to schedule immigrant visa interview for these applicants based on the final action dates. One of the most common reasons among MurthyDotCom and MurthyBulletin readers involves marriage plans. 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. #1. Hi. The determination of the actual monthly final action dates is subject to fluctuations in applicant demand and a number of other variables impacting processing. The Visa Office (VO) that is part of US Department of State (DOS) handles the green card numbers reporting and prediction. There is no easy way out, just need to wait for things to get normal. If your priority date is on or before the cutoff date . 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. 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. The case may be filed at a later time, as long as all requirements are met at the time of that later filing. Where the adjustment of status could not be filed because the H-1B worker is no longer with the original sponsor, it will be up to the discretion of USCIS to decide whether this qualifies as a circumstance beyond the workers control in order to grant a one-year H-1B extension. 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. Other individuals may have suffered a denial at either the labor certification or the I-140 stage. We take a holistic underwriting approach to determine your interest rates and make sure you get the lowest rate possible. Historical counts of Denials, Abandonments and withdrawals. For example, July Visa Bulletin is most likely published between June 10 th and 15 th. Thanks. 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. Toronto, Ontario M5C 1C4 Anyone waiting to receive an employment-based or family-based green card is likely already familiar with the visa bulletin. I was kinda excited today when I saw LUD but disappointed after seeing the same finger print messages. 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. Start new topic. New, Renewal? JavaScript is disabled. No matter who you speak to along the immigration journey, one topic looms darkly over the conversation: priority dates. I-140s that are sent to the State Department for consular processing purposes are held at the National Visa Center (NVC), Most decent employers never withdraw 140. 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. Some lenders send a promissory note with your loan offer. We responded to the RFE in a month and Interview was scheduled in October. Also, with two dates, US Dept of State would be able to more accurately predict the demand and supply of Green Card numbers. No. Will this rapid movement be continue which help to move dates for filling become current? You may have heard of them or you may even be currently waiting for your priority date to be current right now. 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. The NVC receives the green card applications after the USCIS approves them. If a person does not file in December 2011, therefore, even though s/he could do so, the opportunity is not necessarily lost. 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. You can find your priority date on the I-797 form mailed by USCIS approving your I-130 petition. or i can file anytime after I come over to USA ? 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. Newport Beach, CA 92660, 18 King Street East, Suite 1400 It is not like other processing. I hope you have received your green card by now! When your final action date becomes current, you would see "Current" or "C" in the Visa Bulletin. The first chart, the "Application Final Action Dates" chart will list the priority dates that are current. The date is current in DOF and USCIS allows: You can file i485, i765, and i131. Could be a few days to several months. Our attorney said that if the priority date was not current they usually do that. Another provision of AC21 may allow continued extensions of H-1B status in one-year increments according to Section 106(b). Both routes can be advantageous based on your situation. Unfortunately, there is no ability to extend an H-1B that is already beyond the six-year limit any further. [There is an exception to this under the American Competitiveness in the Twenty First Century Act (AC21). What do you think of the way ahead? 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. Many are in this situation as the USCIS has been so slow in approving adjustment applications even when the Final Action Dates have been current for several months. Why is your priority date important? 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. While this sounds like an optimal situation and it is technically possible, there are some things to note before getting started. For each category and for each country, there is a date that is called the final action date. Did the officer told you that the only reason not to approve was your PD not being current? Citizenship and Immigration Services (USCIS) posts a condensed version of the visa bulletin on its website and specifies which chart certain foreign nationals should use to determine when their priority date becomes current. Meanwhile, Final Action Dates show when there are actual available green card numbers for a certain category and country. Your child gets CSPA protection only if the date got current in the Final action chart. When you see that your Priority Date is current on the "Dates for Filing . Retrogress? what happens when final action date is current?filipino ethnocentrism 5 examples Yes! USCIS allows green card applicants inside US to apply for adjustment of Status to get Green Card, when their priority date is current. What do you think of the dates for filing and final action dates movement? How Do I Know If USCIS Received My Application? I485 applied, what happens if dates retrogress? My interview was complete in Oct 2018. 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. It is essentially like starting over from scratch. 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. 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. All Rights Reserved. nagesh, This totally depends on the location, if you have already submitted medicals and if they would call for an interview. It doesnt matter which green card you applied to before or which you are pursuing now, you are essentially starting from scratch on all aspects except for the priority date. I-485 Approvals Possible: Impact on Spouses / Children without Filed I-485s. This is not due to any prejudice on the part of the Department of State. Most people that petition for a green card have a priority date. 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. Thanks. In this case, can the applicant (through their employer) submit their I-485 applications because their priority date is current based on Dates for Filing Application ? In many cases, the Date for Filing will be well before the Final Action Date, meaning that the alien applicants . 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. Your I-485 (green card application) will be denied. The Form I-485 processing time is long, and the wait can be difficult. This may prevent the applicant from filing the I-485 when the priority date becomes current. 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. It will help them issue maximum number of Green Cards per year, without wasting them, as per Congress guidance. USCIS is supposed to also enforce it, but I've never heard of a case where it happened. If there are not enough applications to meet this numerical limit, the applicants will be asked to submit their adjustment of status applications using Dates for Filing. 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. Dates for Filing in Visa Bulletin Explained, Final Action Dates in the Visa Bulletin Explained, given Green Card Category Codes to identify. Residence senior - Niort 79; Residence senior - Rochefort 17 Usually, Dates for Filing are used during the fiscal years first few months, such as October and November. But if your priority date is any date prior to October 8, 2011, your priority date is current and you are eligible for concurrent filing. We will update this table when we receive more data from USCIS/DOS. Age at Time of Visa Availability Pending Time = CSPA Age Approval Date Filing Date = Pending Time. Unfortunately It's in Uscis hands. In employment-based green card cases, the entire basis for a case is the employers job offer. Also, they get the number of pending applications of adjustment of status from USCIS. Microsoft, Go to company page No action was taken since I wasnt sure if I wanted to continue the petition thru me. 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). 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. I have read a couple of posts from people that said that took up to 3 months after PD became current. Qualified Immigrant Visa Applicants count received from US Consulates, Pending Adjustment of Status applicants count received from USCIS. Now that you have some background on why two dates, next we need to understand how the Green Cards numbers are reported, collated and further predicted. In cases, where they believe they do not have enough applications to fill the total numerical limit by end of fiscal year( next year September), they will ask green card applicants to use Dates for Filing to submit the adjustment of status applications. Why they move back and forth and how it impacts the priority dates. Add your thoughts in comments below. provided the dates are not moved backward.. Whats the prediction going forward at least for EB3 category? If you take a look at the Department of States monthly visa bulletin, you may be surprised to see that there is no section for marriage-based green cards under the family immigration section. Final action dates are used by the USCIS as default priority dates to ask applicants for green cards to apply for an Adjustment of status. Thats why its always best to discuss your situation with a qualified and experienced immigration attorney to ensure that you are making the right decisions when it comes to your green card. 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. 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! As long as the priority date remains current, the case can be filed, in this example, in January or February 2012 or a later time. If priority date becomes current within first 1-2 months of joining company , is that a lost opportunity . How Do I Know Which USCIS Service Center? Oct 2020 bulletin , the filing date for India is Jan 1 2015 for EB3. There are few scenarios on why dates for filing & final action dates move forward or backward. In fact, if you petitioned for a family-based or employment-based green card, you most certainly have a priority date. As you read from above, there are many factors considered for prediction of the green card applications required to meet the numerical limit. 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. If there are any exceptions for any month, they will specify them at www.uscis.gov/visabulletininfo to use filing dates. If your filing date was current for 3+ years , you would have filed for AOS already right ? Unfortunately, if you previously filed your I-485 adjustment of status application but your priority date has retrogressed and is no longer current, the U.S. We understand that waiting for a decision on a pending I-485 after a priority date becomes current may be frustrating especially after having waited for years for a current priority date. . People with this status are the ones that are reported to the Visa Office by the consulates for predictions for Visa numbers. 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. There has been no movement on my case so far. 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. what happens when final action date is current? So what should you do if youre looking at decades of waiting time for your priority date. A green card cannot be issued unless the applicants priority date is earlier that the Final Action Date listed on the visa bulletin. . Lets get started! Not sure what a priority date means? Disclaimer: Website, software platform and administrative support are provided by VisaNation Inc., a Delaware corporation. The entire prediction process is quite difficult, so many people may not understand it. With Final Action Dates, when they show as C or Current, it means that there isnt any wait time in the queue for green cards. . Suite 202 Please note: These wait times can change every few weeks as USCIS/DOS receives more applications. Generally, the dates are 8 to 12 months before the expected Final Action Dates. 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. My father petitioned my brother with a Priority Date of 10/28/2005. 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. his priority date is Nov 2014. #workvisa #greencard #ead #485, Go to company page Someone usually must file an immigrant petition for you (often referred to as. Here at VisaNation, we have helped countless people like yourself obtain their green cards.
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