or i can file anytime after I come over to USA ? All rights reserved. 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. My Priority Date is Current, Am I Eligible for Additional H-1B Extensions? This is a process by which you can adjust your status from nonimmigrant to immigrant. Everyone from that specific country and category can file for their green card and enjoy quick processing. Attorneys at the Murthy Law Firm are available for consultation on these matters. If case action was originally made with EB-2 number was available but the date retrogressed before the case could be adjusted, USCIS would request an EB-2 visa authorization. Guide How does it work? At the heart of our firm is a focus on client relationships, responsiveness, and our deep commitment to helping you or your corporation achieve the goal of living or working in the U.S. 4299 MacArthur Boulevard Thanks. If you're an immediate relative of a U.S. citizen, you don't need to track the 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. Usually, you see USCIS ask applicants to use Dates for Filing in the beginning months of the Fiscal year start (October, November). His previous employer is unable to take him back untill they have a new job for him. I-485 application. 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. -One-page form (PTO/SB/434) filed with After . Nov 2018 - Package sent - EB - Texas Service Center. You may notice that the dates for some countries are different from others. 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. PD Date is current in DOF but USCIS disallows: You cannot do anything. It would then be held until the final . 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. They will predict the number of Green Cards available for the upcoming months, until the end of fiscal year, based on below three data points. senior housing bloomfield, nj. Final Action Dates and Dates for Filing are two different things, but what exactly are the differences between them? Anyone waiting to receive an employment-based or family-based green card is likely already familiar with the visa bulletin. The Department of State usually releases new visa bulletin two to three weeks ahead. Thanks. For some, this prevents opportunities for promotions and other career advancement. 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. When will the National Benefits Center begin reporting Form I-485 processing times? A green card cannot be issued unless the applicants priority date is earlier that the Final Action Date listed on the visa bulletin. Apply online for the loan amount you need. In handling applications for adjustment of status where immigrant visa numbers have regressed, U.S. 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. My father petitioned my brother with a Priority Date of 10/28/2005. Any idea how long it takes to get gree card interview with . Based on current USCIS processing times, an initial application for an H-4 EAD can take up to 8.5 months to be issued. There has been no movement on my case so far. You are using an out of date browser. This will help you better understand how the Dates for Filing and Final Action Dates movement in next sections. 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. You must wait until your priority date is current with the final action dates posted by the Department of Homeland Security. How many weeks are they expecting to provide a decision after the date becomes current per Visa bulletin for a category. This date shows what your priority level is according to the Department of State. Unless the priority date of the applicant is earlier than the visa bulletins listed Final Action Date, no green card can be issued. 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. So what should you do if youre looking at decades of waiting time for your priority date. Legal services are subject to a separate attorney agreement between VisaNation Law Group PLLC (formerly SGM Law Group PLLC) and you. tui salary cabin crew. The job offer must exist at the time of the I-485 filing. what happens when final action date is current? The Dates for Filing are the earliest dates green card applicants may apply for a green card. No action was taken since I wasnt sure if I wanted to continue the petition thru me. For each category and for each country, there is a date that is called the final action date. We hope this post was helpful in this regard so you can have a smooth application process. 2023 VisaNation, Inc. All Rights Reserved. I485 applied, what happens if dates retrogress? Here at VisaNation, we have helped countless people like yourself obtain their green cards. Santosh, Yes, that could be the reason, we do not know for sure. The entire prediction process is quite difficult, so many people may not understand it. The Form I-485 processing time is long, and the wait can be difficult. Most people that petition for a green card have a priority date. Now you need to set up your repayment method. Well, if you are getting an employment-based green card, you may have heard of having the option to port your green card from one preference level to the next. 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. It will help them issue maximum number of Green Cards per year, without wasting them, as per Congress guidance. scripps institution of oceanography graduate programs; rosemont seneca advisors website See below how it looks in a diagram. As such, people who are stuck in the backlog have the opportunity to apply for work authorization and get it much sooner. Equipment. Why Is It Longer For Some Countries Than Others? Some lenders send a promissory note with your loan offer. However, covid has brought special circumstances and filling and final action dates are moving fast for India.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. 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. This is an important date because once the immigrant visa number is available, the foreign national's physical green card can be issued. 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. 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. 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. So , in order to best utilize this opportunity to get his greencard and EAD, what would be suggested course of action for him? Assuming you do not have an I-485 pending from your EB3 case, AC21 portability is not really a factor (i.e. 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. Categories: Green CardsLive In The USWork In The US, Tags: employment based green cardGreen_Card_Marriagevisa bulletin. If a person does not file in December 2011, therefore, even though s/he could do so, the opportunity is not necessarily lost. Your green card can only be approved if the PD date is current in the Final action chart. check out the. If they withdraw after 6 months of approval the PD based on that 140 can still be used. Add your thoughts in comments below. Also, Visa Bulletins after the first few months of the USCIS fiscal year will tell everyone to use final action dates. 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. Green card reporting is taken care of by the Visa Office (VO) part of the U.S. Department of State (DOS). If you have any questions, send us an email at [emailprotected]. NVC does not process I-485s. Not only that, but they also receive the pending adjustment of status application number from the USCIS. This is called visa retrogression, which occurs when more people apply for a visa in a particular category . Dates for Filing in Visa Bulletin Explained, Final Action Dates in the Visa Bulletin Explained, given Green Card Category Codes to identify. To make it easier for foreign nationals to track their place in line, U.S. This is the same case with current October 2020 Visa Bulletin as well. Suite 202 Now I hear this rule applies to I-485 stage as well. 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. These issues should be discussed with an experienced, qualified immigration attorney, who can provide guidance in such matters. Anyone knows how lawyers recommend handling this situation? Lets look at an example: Martha is an Indian citizen waiting on an EB-3 green card with a priority date in March 2016. 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). That is when the priority date is said to be current: If you are considering applying for a personal loan, just follow these 3 simple steps. There is no timeline. Opinion only. In employment-based green card cases, the entire basis for a case is the employers job offer. Submit the required documentation and provide your best possible application. 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. USCIS informs public at www.uscis.gov/visabulletininfo on what dates to use for submitting adjustment of status applications. his priority date is Nov 2014. But for your easy understanding, we have tried to simplify it as below. Did the officer told you that the only reason not to approve was your PD not being current? From project selection to the final green card, our experienced team assists and advises investors throughout the EB-5 process. Also, similarly one can file green card applications with USCIS without waiting. How to Check US Visa Status Online? Biometrics? So, you will have to wait until the final action date matches or passes your priority date before you can . 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. IMPORTANT UPDATE: There is a significant advancement of Priority Dates in EB-3 India category in October 2020VISA BULLETIN. At a Glance: The entire Form I-485 process typically takes 8 to 14 months from the time of filing but there are key steps along the way that you should be aware of. Final Action Dates: Final action dates are determined by your Green Card category and chargeability area which is your country of origin. What should you do with your priority date? Else you will have to get it via FOIA, This is right. Looks like it is going to be a long wait even after the final action date becomes current. 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. They will also work with US consulates to schedule immigrant visa interview for these applicants based on the final action dates. Unfortunately It's in Uscis hands. This is because the marriage green card is in a separate category called immediate family. I was kinda excited today when I saw LUD but disappointed after seeing the same finger print messages. Your child gets CSPA protection only if the date got current in the Final action chart. 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. I agree. 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. Instead, you can contact the NVC and ask for the appropriate instructions. The Visa Bulletin is released by the U.S. Department of State. Among these is one important series of questions concerning when one must file the adjustment of status (I-485) application. 1. USCIS is supposed to also enforce it, but I've never heard of a case where it happened. Please note: These wait times can change every few weeks as USCIS/DOS receives more applications. I am in the same boat as you are. Any exceptions for a certain month will be mentioned in the Visa Bulletin and specified to use filing dates. NVC will also notify the applicants that their application is Documentarily complete. The date is current in DOF and USCIS allows: You can file i485, i765, and i131. Also, it doesnt provide any priority dates under the sub-categories level. How to Apply for H4 EAD? Not yet. 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. 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. I hope they become current soon! Not sure what a priority date means? A physician who is subject to the J-1 two-year home return requirement generally has to delay the I-485 filing while s/he meets the terms of the waiver by working in an underserved area for three years. There are, however, overall risks in waiting for greatly extended periods of time, as explained below. Lets get started! Just passing by to tell that I finally understood the difference between these two, thank you so much!!! 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. "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. 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. HOW TO READ THE VISA BULLETIN // If you're trying to figure out how to read the visa bulletin, this video is for you. Stilt is committed to helping immigrants build a better financial future. Questions such as this, about delaying the I-485 filing, are addressed here for the benefit of MurthyDotCom and MurthyBulletin readers. All Rights Reserved, In a consultation, an attorney can provide answers to your questions, or you may engage our firm for your immigration process. It is necessary to be in the United States in order to file the I-485. At this stage priority date between oct01-mar02 does not matter. 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. Berardi Immigration Laws award-winning immigration lawyers bring experience and knowledge to your immigration case with a personal touch. They can do the interview before the final action date is current . meaning that the priority date must be current. For a better experience, please enable JavaScript in your browser before proceeding. It is essentially like starting over from scratch. Portability means that you may continue your current greencard process even if your position, location of employment, and employer change as long as the following conditions are met: 1 . . What do you think of the dates for filing and final action dates movement? This is a great space to write long text about your company and your services. Both routes can be advantageous based on your situation. 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. When you see that your Priority Date is current on the "Dates for Filing . Applicants require this information so they can file a Service Request if the Form I . The case may be filed at a later time, as long as all requirements are met at the time of that later filing. Once NVC receives all the documents in step 9 and they will mark them as Documentarily Complete. Final Action Dates and Filing Dates are not the same, and you must know the differences if you are a green card applicant. How Do I Know Which USCIS Service Center? 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. 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. Below are the things that you can do depending on your situation. If you are considering downgrading your petition from EB-2 to EB-3, read THIS ARTICLE. 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. here the Filing date, Is this the date of i-485 filing? 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. 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. https://www.uscis.gov/green-card/green-card-processes-and-procedures/child-status-protection-act-cspa, A doubt about the age calculation in CSPA. No. This can be a significant risk, particularly in a period of economic instability. What do you think of the way ahead? You may also watch the YouTube video on Dates of Filing vs Final Action Dates that covers the details in this article. 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. With the layoffs at NBC I dont see it happening anytime soon. The Visa Office (VO) that is part of US Department of State (DOS) handles the green card numbers reporting and prediction. Interesting. 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. See below screenshot from the same page, where they ask applicants to use Final Action dates for September 2020. Travel to USA Processes, Samples, How to Guides, USCIS suggests which charts to use for filing adjustment of status, Green Card Numerical Limits, Country Caps, Priority Date, introduced the concept of two dates to align procedures, Obama plan for modernizing legal immigration in 2015, report of total number of immigrant visa (Green Card) applicants, video on Dates of Filing vs Final Action Dates, USCIS Visa Bulletin filings charts webpage, Trump Travel Ban for Immigrant Visa holders, https://visagrader.com/uscis-processing-times/i-485-eb, GUIDE to H1B Visa 2023 Lottery, Registration, Predictions, News, FAQs. 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. The determination of the actual monthly final action dates is subject to fluctuations in applicant demand and a number of other variables impacting processing. dave chappelle: the closer vinyl. This is what makes the date so important. This may prevent the applicant from filing the I-485 when the priority date becomes current. The second, new chart is the "Dates for Filing Application" chart, which indicates the date when a green card applicant can submit an I-485 adjustment of status application. how long does it take to get the gc after priority date is C. Like this thread 0 0. 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. 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. It may not display this or other websites correctly. Depending on how the above three numbers vary, you would see movement of the priority dates. This is an important date because once the immigrant visa number is available, the foreign nationals physical green card can be issued. 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. 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-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). To calculate when your priority date may . This means that do not abandon . what happens when final action date is current? 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. 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. I have H4/L2 Kid under 21 years: In cases of H4 children, we strongly suggest filing a new EB2 i485 always. Also, with two dates, US Dept of State would be able to more accurately predict the demand and supply of Green Card numbers. Not sure which I-485s are processed by NVC, do they do only consular processing or regular processing too? When assessing this risk, it is necessary to consider the reason for the cutoff date advancement. 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). As you read from above, there are many factors considered for prediction of the green card applications required to meet the numerical limit. Make sure to get a copy of 140 from your employer. Lets review, what they mean for NVC, Consulates and USCIS. 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. Below are some of the common differences between final action dates and dates for filing applications. No matter who you speak to along the immigration journey, one topic looms darkly over the conversation: priority dates. 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. How Do I Know If USCIS Received My Application? Is it possible to continue to extend the H-1B? Co. that are used for detailed allocation. Applicants are then notified by the NVC to start submitting the documents, but the NVC also uses the Dates for Filing Numbers to work with them and help them get ready for their interview. 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. 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 .