contact our office to schedule a consultation. Don't hold your breath. A few differences can be seen between the Dates for Filing and Final Action Dates. Individuals from those countries facing a Green Card backlog are required to wait years, if not decades, for the Visa Bulletin to inform that priority 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. 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. A green card cannot be issued unless the applicant . Application Final Action Dates chart (consistent with previous Visa Bulletins) and; . 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'. Your green card can only be approved if the PD date is current in the Final action chart. Lets review, what they mean for NVC, Consulates and USCIS. The NVC receives the green card applications after the USCIS approves them. What is Dates for Filing in Visa Bulletin? This is called visa retrogression, which occurs when more people apply for a visa in a particular category . No the office didn't say anything. Historical counts of Denials, Abandonments and withdrawals. Disclaimer: Website, software platform and administrative support are provided by VisaNation Inc., a Delaware corporation. 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 . 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 ? All times are GMT-5. If they withdraw after 6 months of approval the PD based on that 140 can still be used. Below are the things that you can do depending on your situation. Speak with your immigration attorney to learn more. Some lenders send a promissory note with your loan offer. So the bottom line is LUD never changed since August 05 and suddenly 4 LUD in past 10 days. 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). 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. Berardi Immigration Laws award-winning immigration lawyers bring experience and knowledge to your immigration case with a personal touch. 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. Its all about the priority date. 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. This is essentially where the DOS is when it comes to processing petitions. Im a firm believer that information is the key to financial freedom. 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. Lawyers suggestion is to avoid moving companies when date movement is rapid unless one qualifies for ac21 porting, https://www.avvo.com/legal-answers/is-there-a-time-limit-for-filing-i-485-from-the-ti-4054517.html. Thus, delaying the I-485 means being tied to the particular employment for a longer duration. 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. Heavily-populated countries such as China or India usually exceed the annual limit on green cards across several different categories, causing backlogs to build and dates to retrogress. 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. The entire prediction process is quite difficult, so many people may not understand it. His previous employer is unable to take him back untill they have a new job for him. You are using an out of date browser. There are, however, overall risks in waiting for greatly extended periods of time, as explained below. What happens when Final Action Date is current ? We will update this table when we receive more data from USCIS/DOS. Not yet. This date shows what your priority level is according to the Department of State. But, what happens when the immigrant visa finally becomes available and the priority date is current? When you finally see a later date or the letter "C" on the "Dates for Filing" on the Visa Bulletin website, you will know that your priority date has become current. 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. 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. There's one twist to the Visa Bulletin. Most people that petition for a green card have a priority date. I-485 application. #workvisa #greencard #ead #485, Go to company page [There is an exception to this under the American Competitiveness in the Twenty First Century Act (AC21). You may have heard of them or you may even be currently waiting for your priority date to be current right now. 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. what happens when final action date is current? 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. what happens when final action date is current? How many weeks are they expecting to provide a decision after the date becomes current per Visa bulletin for a category. This can be a significant risk, particularly in a period of economic instability. This is where the DOS Visa Bulletin comes into the picture. 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. Among these is one important series of questions concerning when one must file the adjustment of status (I-485) application. 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). Copyright 2011, MURTHY LAW FIRM. Our attorney said that if the priority date was not current they usually do that. The Department of State usually releases new visa bulletin two to three weeks ahead. Below are some of the common differences between final action dates and dates for filing applications. This is due to the fact that some countries submit many more petitions than others. On the other hand, when cutoff dates are moving forward routinely, there is less likelihood of significant and extended retrogression. 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. Usually, you see USCIS ask applicants to use Dates for Filing in the beginning months of the Fiscal year start (October, November). Therefore, you will have to wait until they have processed all of the petitions that were submitted prior to yours before your petition will be processed. Not affiliated with any government agency. The determination of the actual monthly final action dates is subject to fluctuations in applicant demand and a number of other variables impacting processing. From project selection to the final green card, our experienced team assists and advises investors throughout the EB-5 process. Just passing by to tell that I finally understood the difference between these two, thank you so much!!! See below how it looks in a diagram. Keep this data handy in case you need to compare it to the dates in this bulletin. You do not have a priority date set. The above final action date projections for the Family and Employment categories indicate what is likely to happen on a monthly basis through January. 1. 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. . USCIS uses final action dates as the default priority dates asking green card applicants to apply for Adjustment of status. JavaScript is disabled. There are few scenarios on why dates for filing & final action dates move forward or backward. Once NVC receives all the documents in step 9 and they will mark them as Documentarily Complete. While this sounds like an optimal situation and it is technically possible, there are some things to note before getting started. Delaying ones filing can also delay eligibility for promotions and job changes. According to the regulations revised in 2017, an H-1B worker is generally ineligible for continued extensions beyond the six year limit if he or she is the beneficiary of an approved I-140 immigrant petition and fails to file an adjustment of status application within 1 year of an immigrant visa being authorized for issuance based on his or her preference category and country of chargeability. I-485 Approvals Possible: Impact on Spouses / Children without Filed I-485s. You can find your priority date on the I-797 form mailed by USCIS approving your I-130 petition. NVC does not process I-485s. 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 reports including the total number of immigrant visa applicants are sent to the Visa Office every month. provided the dates are not moved backward.. Whats the prediction going forward at least for EB3 category? Did the officer told you that the only reason not to approve was your PD not being current? How Do I Speak to a Live Person at USCIS? When can you Apply for H1B Visa Stamping after Petition Approval? You may also call the DOS at (202) 663-1541 for a 24-hour recording that gives the priority dates that are currently being processed. Citizenship and Immigration Services (USCIS) will not adjudicate your case until your priority date becomes current again. Add your thoughts in comments below. Meanwhile, Final Action Dates show when there are actual available green card numbers for a certain category and country. All Rights Reserved. The job offer must exist at the time of the I-485 filing. I agree. Newport Beach, CA 92660, 18 King Street East, Suite 1400 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. It will all be based on the: The priority dates will keep changing depending on how the numbers of the three counts listed above vary. Lets review, what dates for filing mean for NVC, Consulates and USCIS. CANADA, 5 Kenley Road US Department of State publishes the Visa Bulletin every month that summarizes the green card numbers availability by category and movement of priority dates. Instead, you can contact the NVC and ask for the appropriate instructions. Generally, the dates are 8 to 12 months before the expected Final Action Dates. Hello, I am in India right now, my priority date is on 2010 October-EB2, i could not file my 485 now, do i loose the change to file ? Se (re)sentir chez soi; Des proches rassurs; Rester actif rester vivant; RSIDENCES SENIORS. 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 . No. 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 there are any exceptions for any month, they will specify them at www.uscis.gov/visabulletininfo to use filing dates. Any exceptions for a certain month will be mentioned in the Visa Bulletin and specified to use filing dates. Final action dates define when the actual green card numbers are actually available for a country & category, Date for filing are used primarily to prepare ahead by NVC or by USCIS to make sure there are enough applications in the queue for a fiscal year. Dates for Filing in Visa Bulletin Explained, Final Action Dates in the Visa Bulletin Explained, given Green Card Category Codes to identify. Not sure what a priority date means? They will also work with US consulates to schedule immigrant visa interview for these applicants based on the final action dates. 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 final action date would immediately become "Current" for October for all countries except El Salvador, Guatemala, and Honduras which would be subject to an August 1, 2017 final action . Assuming you do not have an I-485 pending from your EB3 case, AC21 portability is not really a factor (i.e. 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. Stronger applications get better loan offers. You can use this space to go into a little more detail about your company. But what is the difference between them? 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. It is not like other processing. I hope this is not . In this post, we will take a look at the final action date vs filing date and analyze their differences. All Rights Reserved. Qualified Immigrant Visa Applicants count received from US Consulates, Pending Adjustment of Status applicants count received from USCIS. I have filed the I-485 during Oct 2020 ( based on the Filing date chart in Oct 2020 Visa Bulletin). The priority date represents the foreign nationals place in line for a green card. However, for those populated countries that regularly submit more petitions than their limit, priority date waiting times could take decades to become current, if they ever become current at all. What is the best possible course of action for him thru his current employer C? These will predict how many Green Cards will be available for the following months until the fiscal year ends. Thanks Nagesh. It has Dates for Filing charts and Final Action Dates charts. what happens when final action date is current? 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. 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 first route is called adjustment of status. How to Check US Visa Status Online? So what is a priority 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. How Do I Know If USCIS Received My Application? Youll have to compare your priority date to the final action dates that are posted in the visa bulletin. 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. What do you think of the dates for filing and final action dates movement? 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. 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 . 2023 VisaNation, Inc. All Rights Reserved. Is it because of the visa bank and interviews not being scheduled? Concurrently, these reports are obtained from the U.S. consulates and Embassies from all over the world. This is the same case with current October 2020 Visa Bulletin as well. immihelp.com is private non-lawyer web site. 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. 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. Age at Time of Visa Availability Pending Time = CSPA Age Approval Date Filing Date = Pending Time. I am now waiting for the perm approval in my curret company. This behavior seems to be common. 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. or i can file anytime after I come over to USA ? IMPORTANT UPDATE: There is a significant advancement of Priority Dates in EB-3 India category in October 2020VISA BULLETIN. Both routes can be advantageous based on your situation. 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. 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 . 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. 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 . 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. With that, the Indian final action date is finally current, although it's unclear how long-lived this status will be. you'll need to file your I-485 application for adjustment of . Things going very interesting for me too. 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). After you file the I-485, you will receive notification that the USCIS has received it. The first chart, the "Application Final Action Dates" chart will list the priority dates that are current. HOW TO READ THE VISA BULLETIN // If you're trying to figure out how to read the visa bulletin, this video is for you. Specialty Occupations (H-1B and H-1B1 Visas), Treaty Traders or Investors or Australian Professionals (E Visas), Temporary and Seasonal Workers (H-2A and H-2B), EB-1B Outstanding Professors and Researchers, EB-1C Multinational Managers and Executives, Physical Therapist or Registered Nurse (Schedule A), EB-3 Professional, Skilled Worker, Other Worker, Litigation, Notice of Intent to Deny, Notice of Intent to Revoke, Request for Evidence. 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. In many cases, the Date for Filing will be well before the Final Action Date, meaning that the alien applicants . that are used for detailed allocation. So, you will have to wait until the final action date matches or passes your priority date before you can . Nov 2018 - Package sent - EB - Texas Service Center. 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. 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. But for your easy understanding, we have tried to simplify it as below. I hmy final action date is current and I had finger print processing in Jan 2021 and got my EAD. When your final action date becomes current, you would see "Current" or "C" in the Visa Bulletin. This is an important date because once the immigrant visa number is available, the foreign national's physical green card can be issued. Residence senior - Niort 79; Residence senior - Rochefort 17 Wells Fargo, Go to company page he doesnt have I140 approved from current employer C yet. Also, Visa Bulletins after the first few months of the USCIS fiscal year will tell everyone to use final action dates. If your application meets the eligibility criteria, the lender will contact you with regard to your application. 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! 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. The National Visa Center (NVC) uses these dates to let green card applicants know that they can finally start getting qualified documentarily. No action was taken since I wasnt sure if I wanted to continue the petition thru me. When marriage plans are uncertain, it is not uncommon to defer the I-485 filing. Someone usually must file an immigrant petition for you (often referred to as. If you are terminated while both the I-140 and I-485 are pending with USCIS AND employer withdraws I-140 petition. Unfortunately, there is no ability to extend an H-1B that is already beyond the six-year limit any further. The good news is that many U.S. employers prefer premium processing, which will expedite the overall processing time. 2. Citadel Securities, Go to company page I guess you've got no I-485 RFE ? Apply online for the loan amount you need. Final action dates are the dates that are most commonly used by applications for filing adjustment of status applications with USCIS during rest of the year after first few months. What happens when an applicant has an EB-2 case pending but subsequently moves to EB-3 for a more advantageous final action date? This site uses cookies to help personalise content, tailor your experience and to keep you logged in if you register. . STEP 2: Once the petition is approved an immigrant visa number is assigned to you. This is not due to any prejudice on the part of the Department of State. 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. Start new topic. They can do the interview before the final action date is current . To get in touch with our office, you can fill out this contact form and schedule a consultation with us today. If a person does not file in December 2011, therefore, even though s/he could do so, the opportunity is not necessarily lost. 2023 Berardi Immigration Law. 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. what happens when final action date is current? USCIS processes all I-485s. That is when the priority date is said to be current: This is a great space to write long text about your company and your services. The Visa Bulletin is released by the U.S. Department of State every month. On that bulletin, people can see two types of dates: filing date charts and final action date charts. If your filing date was current for 3+ years , you would have filed for AOS already right ? Background for Dates for Filing & Final Action Dates. It is the day that the USCIS receives your green card petition. senior housing bloomfield, nj. Sometimes, a priority date that is current one month will not be current the next month, or the cut-off date will move backward to an earlier date. The applicants with status of Documentary complete are the ones that consulates report to Visa Office for Visa number predictions. 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. There is no timeline. 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. -One-page form (PTO/SB/434) filed with After . You may also watch the YouTube video on Dates of Filing vs Final Action Dates that covers the details in this article. #2 Final Action Date Chart. 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. How Are Green Card and Immigrant Visas Counts Reported? If the advancement is an unusual circumstance (such as occurred in the summer of 2007), waiting may be risky, as retrogression is highly likely. Thank you indian_ocean. Suite 202 Submit the required documentation and provide your best possible application. 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. We hope this post was helpful in this regard so you can have a smooth application process. 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. For example, below is what was used in October 2020, where it says to use Dates for Filing. 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. 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. 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. Countries that submit fewer petitions than the limit will see their final action dates move forward.