Among these is one important series of questions concerning when one must file the adjustment of status (I-485) application. Hi, For the purpose of explaining my question lets assume an individuals EB2 priority date is Feb 1, 2010 The Dates for Filing Application for that category is March 1, 2010 The Final Action Dates for that category is December 1, 2009. 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. USCIS usually has a large pool of Green Card applicants that are pending with them and waiting for priority date to be current for issuance of green card. We will update this table when we receive more data from USCIS/DOS. The above final action date projections for the Family and Employment categories indicate what is likely to happen on a monthly basis through May. If you are considering applying for a personal loan, just follow these 3 simple steps. Wells Fargo, Go to company page In employment-based green card cases, the entire basis for a case is the employers job offer. Things going very interesting for me too. January 30, 2012. 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. To get in touch with our office, you can fill out this contact form and schedule a consultation with us today. For a better experience, please enable JavaScript in your browser before proceeding. Why they move back and forth and how it impacts the priority dates. If case action was originally made with EB-2 number was available but the date retrogressed before the case could be adjusted, USCIS would request an EB-2 visa authorization. The greatest risk in delaying is that the opportunity may be lost. People can find out from www.uscis.gov/visabulletininfo which dates they should use to submit applications for adjustment of status. There has been no movement on my case so far. Many applicants want to file on the first day of the month in which their priority dates become current. The priority date doesn't matter because there is no annual limit in your category. -One-page form (PTO/SB/434) filed with After . Not only that, but they also receive the pending adjustment of status application number from the USCIS. 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. The NVC receives the green card applications after the USCIS approves them. What should you do with your priority date? 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. The final action dates or application final action dates are the dates when the actual green card numbers are available for that category & country of birth, so that the final Green Cards or immigrant visas can be issued. Is it possible to continue to extend the H-1B? 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. Legal services are subject to a separate attorney agreement between VisaNation Law Group PLLC (formerly SGM Law Group PLLC) and you. 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. 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. But what is the difference between them? 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. Thanks. Copyright 1999-document.querySelector("#footer-year").innerHTML=new Date().getFullYear(); immihelp.com. 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. A green card cannot be issued unless the applicants priority date is earlier that the Final Action Date listed on the visa bulletin. Also, they get the number of pending applications of adjustment of status from USCIS. 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). While this sounds like an optimal situation and it is technically possible, there are some things to note before getting started. You can check https://visagrader.com/uscis-processing-times/i-485-eb to know processing times history by location. The Department of State usually releases new visa bulletin two to three weeks ahead. I have H4/L2 Kid under 21 years: In cases of H4 children, we strongly suggest filing a new EB2 i485 always. Applicants in that category and from that country can file the green card and will be processed immediately. There will either be a "C" or a date in the box where your column meets your row. It may not display this or other websites correctly. 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. Speak with your immigration attorney to see if green card porting is appropriate for your case. 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. What is Dates for Filing in Visa Bulletin? If it becomes necessary during the monthly allocation process to retrogress a final action date, supplemental requests for numbers will be honored only if the priority date falls within the new . You are using an out of date browser. Lets get started! However, there is a catch. 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) First Notice of Action (NOA): 1 to 5 weeks. In this post, we will take a look at the final action date vs filing date and analyze their differences. 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. At this stage priority date between oct01-mar02 does not matter. 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. what happens when final action date is current? 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 ? 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. I was in this situation 2 years ago - final cutoff date was current for longer than a year when I switched job. 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. They will also work with US consulates to schedule immigrant visa interview for these applicants based on the final action dates. It has two charts: "Final Action Dates for Employment-Based Preference Cases" and "Dates for Filing of Employment-Based Visa Applications." How to Apply for a U.S. Passport: A Step-by-Step Guide, PERM Process & Equal Pay Transparency Laws, Its Not Too Late for the H-1B Visa Lottery, USCIS Extends Green Card Validity for Conditional Permanent Residents with a Pending Form I-751, Process Update for Labor Enforcement Investigations, The Truth About Deferred Prosecution & Crossing The Canadian Border, Our Community Involvement: Luxury Purse Bingo, New Designs Roll Out for Green Cards & Employment Authorization Documents. sell my timeshare now phone number what happens when final action date is current? The Dates for Filing column also reflects when the State Department expects the Final Action Dates to be current 8 to 12 months in the future. 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). Lets look at them. 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. If your green card priority date has matched or passed the final action date given in your category for your country on the visa bulletin (or if your category has a C on it instead of a date), then there are two routes that may be available to you depending on your situation. 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). "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. The priority date represents the foreign nationals place in line for a green card. Once the USCIS receives the petition, that date will be your priority date. The Visa Bulletin is released by the U.S. Department of State every month. If the current H-1B expires before the EAD card is received, the individual will no longer be authorized to work until the EAD card is received. CANADA, 5 Kenley Road Assuming you do not have an I-485 pending from your EB3 case, AC21 portability is not really a factor (i.e. USCISs goal is to have sufficient number of applications so that they can issue maximum number of green cards by end of year and they do not get wasted. 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. It has Dates for Filing charts and Final Action Dates charts. 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. Someone usually must file an immigrant petition for you (often referred to as. @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 ? 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. What happens when Final Action Date is current ? That is when the priority date is said to be current: 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. 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 . What happens when Final Action Date is current ? Will this rapid movement be continue which help to move dates for filling become current? I would like to know if anyone's I-485 application with Dallas FO after transfer from NBC to Dallas Fo on July 20th. We responded to the RFE in a month and Interview was scheduled in October. The case may be filed at a later time, as long as all requirements are met at the time of that later filing. #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. nagesh, This totally depends on the location, if you have already submitted medicals and if they would call for an interview. But, what happens when the immigrant visa finally becomes available and the priority date is current? 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. This is not due to any prejudice on the part of the Department of State. Please note: These wait times can change every few weeks as USCIS/DOS receives more applications. If you have any questions, send us an email at [emailprotected]. Thank you indian_ocean. It would then be held until the final . You can use this space to go into a little more detail about your company. If you're an immediate relative of a U.S. citizen, you don't need to track the Visa Bulletin. meaning that the priority date must be current. Oct 2020 bulletin , the filing date for India is Jan 1 2015 for EB3. 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. Background for Dates for Filing & Final Action Dates. 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. First, when a fiscal year starts in October, Visa Office divides the total annual available Green Card numbers into monthly allotments. After which, your passport will be taken and then mailed back to you with a green card inside. Another provision of AC21 may allow continued extensions of H-1B status in one-year increments according to Section 106(b). If your category is current, then you can move forward with adjusting your status or consular processing as soon as your petition has been approved. 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. Your name check needs be cleared by the time they take your I-485 file. While it is permissible to file the I-485 as soon as ones priority date becomes current, this is not a requirement. 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. Why is your priority date important? Unless the priority date of the applicant is earlier than the visa bulletins listed Final Action Date, no green card can be issued. Yes. No the office didn't say anything. Based on current USCIS processing times, an initial application for an H-4 EAD can take up to 8.5 months to be issued. 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 ? Residence senior - Niort 79; Residence senior - Rochefort 17 Instead, you can contact the NVC and ask for the appropriate instructions. USCIS in preparation for next fiscal year (starts from October 1st) will forecast how many applications they would need to meet the Green Card numerical limits by end of the fiscal year (September of next year). what happens when final action date is current? As such, people who are stuck in the backlog have the opportunity to apply for work authorization and get it much sooner. 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. Applicants require this information so they can file a Service Request if the Form I . This is an important date because once the immigrant visa number is available, the foreign nationals physical green card can be issued. The above final action date projections for the Family and Employment categories indicate what is likely to happen on a monthly basis through January. Categories: Green CardsLive In The USWork In The US, Tags: employment based green cardGreen_Card_Marriagevisa bulletin. Medallia. 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'. This is a process by which you can adjust your status from nonimmigrant to immigrant. I485 applied, what happens if dates retrogress? This is an important date because once the immigrant visa number is available, the foreign national's physical green card can be issued. 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. If the advancement is an unusual circumstance (such as occurred in the summer of 2007), waiting may be risky, as retrogression is highly likely. Generally, the dates are 8 to 12 months before the expected Final Action Dates. Your child gets CSPA protection only if the date got current in the Final action chart. 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. 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! USCIS approves the petition, thus making February 1, 2023 Manuel's Priority Date. 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. Is it because of the visa bank and interviews not being scheduled? Thanks Nagesh. 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 . Citizenship and Immigration Services local field offices are required to undertake the following steps: 1. The Dates for Filing are the earliest dates green card applicants may apply for a green card. To make it easier for foreign nationals to track their place in line, U.S. Did the officer told you that the only reason not to approve was your PD not being current? Stronger applications get better loan offers. How are Green Card or Immigrant Visas count Reported, Predicted? 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. I hmy final action date is current and I had finger print processing in Jan 2021 and got my EAD. 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. This can either be through your current employer or with a new one. Green card applicants will be informed by the NVC when they will get current priority dates based on the Visa Bulletins Final Action Dates. Other individuals may have suffered a denial at either the labor certification or the I-140 stage. Adjusting status to a lawful permanent resident of the United States is a big step! JavaScript is disabled. Biometrics? During h1b transfer, the lawyer of the new company said my h1b could be denied because of this rule. But I my h1b was approved without issues. 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. I filed an SR online recently and got this response (in case anyone else is thinking of doing the same): What is a normal processing times from USCIS standpoint. No names are reported, but only the counts of applicants with that status at a consulate or embassy are reported. Maybe I am just unlucky and you may have better luck. 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. They usually look at their pending applicants count with them and forecast, if they have any shortage of applications. Also, the NVC will tell applicants that their application is Documentarily complete. There is also a risk of retrogression. For others, it could be risky, potentially causing them to lose the opportunity for a long time. what happens when final action date is current? Countries that submit fewer petitions than the limit will see their final action dates move forward. Why Is It Longer For Some Countries Than Others? Co. USCIS processes all I-485s. 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. Our attorney said that if the priority date was not current they usually do that. Legal services are provided by VisaNation Law Group PLLC, a Florida professional limited liability company. Also, if you are in the process of considering petitioning for a green card, the idea of having to wait decades could be terrifying. 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. A priority date determines a person's position in line for an immigrant visa. 2. Note that, while your priority date is set and does not move, the final action dates change from month to month. Now I hear this rule applies to I-485 stage as well. 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). Also, this is the Category that is printed on the physical Green Card that is issued to the applicant. This is not to be confused with a change of status or a transfer of status, which are different processes entirely. Equipment. Those with questions regarding case timing and I-485 filings should seek advice from a knowledgeable and qualified immigration attorney. I hope they become current soon! When your final action date becomes current, you would see Current or C in the Visa Bulletin. See below screenshot from USCIS Visa Bulletin filings charts webpage, where they ask applicants what date to use in a particular month. 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.