As mentioned above, labor certification filings are based on a specific job offer. 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. NVC does not process I-485s. If case action was originally made with EB-2 number was available but the date retrogressed before the case could be adjusted, USCIS would request an EB-2 visa authorization.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 Final Action Dates indicate the dates an immigrant visa number will be available for a foreign national with a current priority date that month. Najwitszej Maryi Panny Krlowej Polski > Bez kategorii > what happens when final action date is current? 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. Difference Between Final Action Dates & Dates for Filing? AC21 Job Change if Priority Date may Become Current 2023 Berardi Immigration Law. This is due to the fact that some countries submit many more petitions than others. Speak with your immigration attorney to see if green card porting is appropriate for your case. See below screenshot from USCIS Visa Bulletin filings charts webpage, where they ask applicants what date to use in a particular month. For some, this prevents opportunities for promotions and other career advancement. 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. what happens when final action date is current? Yes. It is the day that the USCIS receives your green card petition. It is essentially like starting over from scratch. Visa Bulletin: Final Action Date, Cut Off and Predictions | Immigration What do you think of the way ahead? So the bottom line is LUD never changed since August 05 and suddenly 4 LUD in past 10 days. You are using an out of date browser. Soon youll have your loan offer. 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. 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. I have H4/L2 Kid under 21 years: In cases of H4 children, we strongly suggest filing a new EB2 i485 always. There are, however, overall risks in waiting for greatly extended periods of time, as explained below. 2023 VisaNation, Inc. All Rights Reserved. CONCEPT. The "Final Action Dates" indicate the dates an immigrant visa number will be available for a foreign national with a current priority date that month. They are asked by the USCIS to use the Dates for Filing in the first months of that current fiscal year. 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. One of my friend is on H1b Visa and have I-140 approved from previous employer A under Eb2 category. If the final action dates chart shows as Current or C, then it means that there is no wait time in the green card queue. What do you think of the dates for filing and final action dates movement? Six conference tournaments will be in action Friday as the weekend arrives and we get closer to seeing the first automatic bids to the NCAA Tournament secured. #2 Final Action Date Chart. I have filed the I-485 during Oct 2020 ( based on the Filing date chart in Oct 2020 Visa Bulletin). Some lenders send a promissory note with your loan offer. This is not always the case, however when one is not yet married and wants to include the future spouse, for example. My Priority Date is Current, Am I Eligible for Additional H-1B Extensions? After which, your passport will be taken and then mailed back to you with a green card inside. Termination of Employment and Green Card Application 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. 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 above final action date projections for the Family and Employment categories indicate what is likely to happen on a monthly basis through January. What happens to I-485 AoS if "date for filing" is current but "final The Department of State usually releases new visa bulletin two to three weeks ahead. The Dates for Filing are the earliest dates green card applicants may apply for a green card. 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. 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. Your use of this website and our software platform are subject to VisaNation Inc.'s privacy policy and terms of use. The reports including the total number of immigrant visa applicants are sent to the Visa Office every month. . 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 . But what is the difference between them? If you are considering applying for a personal loan, just follow these 3 simple steps. -Current version of program (AFCP 2.0) available since 2013, now extended through September 30, 2016. with 15 years of experience practicing US immigration law providing services to U.S. businesses and multinational corporations. 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. Current Priority Date - U.S. Embassy in Bangladesh 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. 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. I hmy final action date is current and I had finger print processing in Jan 2021 and got my EAD. It may be helpful to document the steps the new employer has taken to file a labor certification on behalf of the employee. There's no way to know exactly when, so . 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. THIS is the Form I-485 processing time at USCIS [2022] - Stilt Blog You must log in or register to reply here. Medallia. Dates for Filing refers to the earliest dates that a green card applicant may apply for their green card. 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. Also, Visa Bulletins after the first few months of the USCIS fiscal year will tell everyone to use final action dates. This date shows what your priority level is according to the Department of State. 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. 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. Why they move back and forth and how it impacts the priority dates. If USCIS determines there are more immigrant visas available for a fiscal year than there are known applicants for such visas, it will allow foreign nationals to use theDates for Filing chart. Don't hold your breath. If there are any exceptions for any month, they will specify them at www.uscis.gov/visabulletininfo to use filing dates. If you are new to the Green Card process and have not heard some of the terms like country caps, priority dates or numerical limits, read Green Card Numerical Limits, Country Caps, Priority Date to get an idea. Would the person risk loosing out filing for GC forever ? See below how it looks in a diagram. 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 . 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. 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. However, that requires that the I-485 remain pending for at least 180 days. However, there is a catch. This makes it possible to have more applications ready in the queue to meet the whole years demand. Citizenship and Immigration Services (USCIS) will not adjudicate your case until your priority date becomes current again. Suite 202 By NJ80, January 30, 2012 in AOS & CP : General. Also, if you are in the process of considering petitioning for a green card, the idea of having to wait decades could be terrifying. . Im a firm believer that information is the key to financial freedom. 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). Multiple I-140 Approvals: What happens to my priority date and who can It may be many years before her priority date is current. That way, you can avoid having your priority date reset and your waiting time will be subject to the new final action dates listed in the bulletin for the higher preference level. Everyone from that specific country and category can file for their green card and enjoy quick processing. All Rights Reserved. [There is an exception to this under the American Competitiveness in the Twenty First Century Act (AC21). Stilt provides loans to international students and working professionals in the U.S. (F-1, OPT, H-1B, O-1, L-1, TN visa holders) at rates lower than any other lender. 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. Confirm all security and background checks are completed; 3. 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. If your priority date is on or before the cutoff date . For example, July Visa Bulletin is most likely published between June 10 th and 15 th. Green Card Wait Time - Check Priority Date - Mygcvisa These issues should be discussed with an experienced, qualified immigration attorney, who can provide guidance in such matters. What happens when an applicant has an EB-2 case pending but subsequently moves to EB-3 for a more advantageous final action date? 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. All times are GMT-5. All Rights Reserved. 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. Could be a few days to several months. In handling applications for adjustment of status where immigrant visa numbers have regressed, U.S. The dates of filing may also be used by USCIS asking Green Card applicants in US to submit applications for Adjustment of Status. what happens when final action date is current? It is not like other processing. 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. HOW TO READ THE VISA BULLETIN // If you're trying to figure out how to read the visa bulletin, this video is for you. She is a member of the American Immigration Lawyers Association and Society for Human Resource Management. Not affiliated with any government agency. They can't width draw if its more than 6 months old, @Oracle $$$$$ : lawyers suggest that it is expected that petitioner would file for 485 adjustment within a year of date becoming current . 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. Retrogression FAQs | Loke Walsh Immigration Law In this post, we will take a look at the final action date vs filing date and analyze their differences. You do not have a priority date set. If the job offer is lost or the business shuts down prior to the I-485 filing, the case will end. Countries that submit fewer petitions than the limit will see their final action dates move forward. Residence senior - Niort 79; Residence senior - Rochefort 17 The information contained on this website is for general information purposes only and is not a substitute for legal advice and does not create an attorney-client relationship. The first route is called adjustment of status. Below are some of the common differences between final action dates and dates for filing applications. After you file the I-485, you will receive notification that the USCIS has received it. 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. Lets take a look at the example again: Martha applied for an EB-3 as a software developer. If you are considering downgrading your petition from EB-2 to EB-3, read THIS ARTICLE. what happens when final action date is current? You must wait until your priority date is current with the final action dates posted by the Department of Homeland Security. 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. 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. Thanks Nagesh. 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) One other question, Do we have to take the medicals again because of the delay in final action dates, even after it was submitted (and accepted without RFE) before the completion of USCIS interview. How are Green Card or Immigrant Visas count Reported, Predicted? The priority dates that were used before introduction of two separate dates are nothing but the final action dates. This can either be through your current employer or with a new one. 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. 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. Legal services are subject to a separate attorney agreement between VisaNation Law Group PLLC (formerly SGM Law Group PLLC) and you. The process of prediction is pretty complicated. 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. The loan then gets disbursed into your U.S. bank account within a reasonable number of days (some lenders will be as quick as 2-3 business days). You can find your priority date on the I-797 form mailed by USCIS approving your I-130 petition. . Watch this thread Start a new thread Add a post. 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. I-485 application. This page was generated at 05:29 PM. Just passing by to tell that I finally understood the difference between these two, thank you so much!!! It may not display this or other websites correctly. 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. Priority Date Finally Current! How Soon Should I-485 be Filed? contact our office to schedule a consultation. Someone usually must file an immigrant petition for you (often referred to as. Cannot be construed as legal advice. Final Action Dates and Dates for Filing are two different things, but what exactly are the differences between them? We have to wait and watch. 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.

Flight Instructor San Diego, Ballymena Guardian Photos, Farmer Has 3 Daughters And A Cow Joke, Musc Board Of Trustees Meeting, Articles W