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 1. NVC will also notify the applicants that their application is Documentarily complete. 2023 Murthy Law Firm. So the bottom line is LUD never changed since August 05 and suddenly 4 LUD in past 10 days. Visa Bulletin: Final Action Date, Cut Off and Predictions | Immigration 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. So, you will have to wait until the final action date matches or passes your priority date before you can . With that, the Indian final action date is finally current, although it's unclear how long-lived this status will be. If you are terminated while both the I-140 and I-485 are pending with USCIS AND employer withdraws I-140 petition. STEP 2: Once the petition is approved an immigrant visa number is assigned to you. What do the "Final Action Date" and "Dates for Filing Applications Youll have to compare your priority date to the final action dates that are posted in the visa bulletin. 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. But what is the difference between them? How VisaNation Law Group Attorneys Can Help. CEAC Website, Errors Info. 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. You can find your priority date on the I-797 form mailed by USCIS approving your I-130 petition. IMPORTANT UPDATE: There is a significant advancement of Priority Dates in EB-3 India category in October 2020VISA BULLETIN. We responded to the RFE in a month and Interview was scheduled in October. This is because the marriage green card is in a separate category called immediate family. Copyright 1999-document.querySelector("#footer-year").innerHTML=new Date().getFullYear(); immihelp.com. While she was waiting, she obtained a masters degree in computer science. The process of prediction is pretty complicated. Biometrics? The above final action date projections for the Family and Employment categories indicate what is likely to happen on a monthly basis through January. Hire Us. Can his current employer C do something or he has to go back to previous employer A? youll need to file your I-485 application for adjustment of status within one year of your Final Action Date becoming current (if outside the US, you would need to apply for an immigrant visa within one year). 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. Confirm all security and background checks are completed; 3. I-140 petitions do not expire. what happens when final action date is current? Also, Visa Bulletins after the first few months of the USCIS fiscal year will tell everyone to use final action dates. Could any gurus explain me what's going on. 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. An individual in this situation would need to file an adjustment of status and use the employment authorization (EAD) card received based on that application in order to continue to work. The priority dates that were used before introduction of two separate dates are nothing but the final action dates. 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. 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. 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 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 ? 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 . Also, they enable the applicants to submit their important documents and their permanent residence application before the government can approve it. 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. Legal services are subject to a separate attorney agreement between VisaNation Law Group PLLC (formerly SGM Law Group PLLC) and you. The Visa Office (VO) that is part of US Department of State (DOS) handles the green card numbers reporting and prediction. Make sure to get a copy of 140 from your employer. The reports including the total number of immigrant visa applicants are sent to the Visa Office every month. Background for Dates for Filing & Final Action Dates. What is the final action date? - Immigration Planner I485 applied, what happens if dates retrogress? - Murthy Law Firm This means that do not abandon . First, when a fiscal year starts in October, Visa Office divides the total annual available Green Card numbers into monthly allotments. My filing date is current for 3+ years now. The first route is called adjustment of status. How many weeks are they expecting to provide a decision after the date becomes current per Visa bulletin for a category. 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. Not sure what a priority date means? To make it easier for foreign nationals to track their place in line, U.S. 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. The visa bulletin is published by the U.S. Department of State each month and serves as a waiting list for foreign nationals whose immigrant visas are subject to a yearly quota. Unless the priority date of the applicant is earlier than the visa bulletins listed Final Action Date, no green card can be issued. immihelp.com is private non-lawyer web site. Retrogression FAQs | Loke Walsh Immigration Law 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. Difference Between Final Action Dates & Dates for Filing? Travel abroad is another common reason that individuals are not always able to file their I-485s immediately when the priority date becomes current. If you are considering applying for a personal loan, just follow these 3 simple steps. What happens if final action date become current and new - Blind Also, if you are in the process of considering petitioning for a green card, the idea of having to wait decades could be terrifying. But I my h1b was approved without issues. 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. In this article, we will look at the differences and how the different dates thing works. Also, they will help schedule interviews for immigrant visas based on the final action dates by working with the U.S. consulates. October 2021 Visa Bulletin Insight: Retrogression Likely For Some Let's say that the priority date of the applicant is the 1st of December, 2010 and that the final action date is the 22nd of December, 2010. 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. Start new topic. 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). Advisory Action not mailed until after end of three months from mailing date of Final Office Action In this case, extension fees are calculated from the Advisory Action mailing date . If Manuel had checked the Bulletin for February of 2023 . There is no timeline. that are used for detailed allocation. For example, July Visa Bulletin is most likely published between June 10 th and 15 th. In reality, your employer will need to file an completely new petition, fees, and obtain a new PERM Labor Certification on your behalf. 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! 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. I-485 Issues Common to All Services Centers, Visa Bulletin and Priority Dates Retrogression Iss. Looks like it is going to be a long wait even after the final action date becomes current. Now, the "Date for Filing" determines whether or not you can submit the final immigrant visa application, and the "Final Action Date" indicates whether or not it is expected that an immigrant visa number will be available. Anxiety prevails among those about to file after waiting for years. by | Jul 3, 2022 | small rosary tattoo | Jul 3, 2022 | small rosary tattoo In order for a spouse to be eligible for immigration benefits under the umbrella of the primary applicants employment-based green card case, the marriage must occur before the I-485 is approved. When your final action date becomes current, you would see "Current" or "C" in the Visa Bulletin. Having to wait for a green card priority date to be current can be difficult, and you may want to see what your options are when it comes to shortening this waiting time. Thanks. They can also file applications for green cards with USCIS without having to wait. what happens when final action date is current? "C" means "current," in other words, that there is no more wait and you can file your adjustment application now. UNITED KINGDOM. As you read from above, there are many factors considered for prediction of the green card applications required to meet the numerical limit. What is Dates for Filing in Visa Bulletin? Note that, while your priority date is set and does not move, the final action dates change from month to month. See below screenshot from the same page, where they ask applicants to use Final Action dates for September 2020. 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. Also, with two dates, US Dept of State would be able to more accurately predict the demand and supply of Green Card numbers. With the July 2020 bulletin out, Im excited to see how India EB1 final action dates are progressing. Dates of filing are used mainly during the first few months of the fiscal year start like in October, November to get more applications in pipeline for meeting the demand for the entire year. This is not to be confused with a change of status or a transfer of status, which are different processes entirely. Se (re)sentir chez soi; Des proches rassurs; Rester actif rester vivant; RSIDENCES SENIORS. To get in touch with our office, you can fill out this contact form and schedule a consultation with us today. You may also watch the YouTube video on Dates of Filing vs Final Action Dates that covers the details in this article. Visa Availability and Priority Dates | USCIS Visa Bulletin For February 2021 - United States Department Of State 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. 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. This date shows what your priority level is according to the Department of State. This is not due to any prejudice on the part of the Department of State. Now you need to set up your repayment method. Filing Date vs Final Action Dates: Visa Bulletin? My priority date is April 2015 and my I 485 (EB1C India) was filed on April 2019 due to the filing date being current.. Fingerprinting was done shortly after but we got an RFE in July. All Rights Reserved, In a consultation, an attorney can provide answers to your questions, or you may engage our firm for your immigration process. Stilt is committed to helping immigrants build a better financial future. Microsoft, Go to company page Also, it doesnt provide any priority dates under the sub-categories level. You can choose an autopay method online to help you pay on time every month. While it is permissible to file the I-485 as soon as one's priority date becomes current, this is not a requirement. https://www.uscis.gov/green-card/green-card-processes-and-procedures/child-status-protection-act-cspa, A doubt about the age calculation in CSPA. Our experience suggests that very often an I-485 application will be adjudicated (approved) or issued a request for evidence (if required) within two to four . Why do I get AOS interview before PD is current? Would the person risk loosing out filing for GC forever ? 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. Adjustment of Status Timeline - RapidVisa The Visa Bulletin: Final Action Dates vs. Dates for Filing 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. Citizenship and Immigration Services (USCIS) will not adjudicate your case until your priority date becomes current again. EMPLOYMENT-BASED GREEN CARD PROCESSING UPDATE - HSD Immigration Firm what happens when final action date is current? Meanwhile, Final Action Dates show when there are actual available green card numbers for a certain category and country. US Department of State introduced the concept of Final Action Dates and Dates for Filing only from October 2015 Visa Bulletin. However, this is not a written rule and the Visa Office may release a new visa bulletin as early as the 8 th, or as late as the 18 th. 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. The greatest risk in delaying is that the opportunity may be lost. If she then petitions for an EB-2 green card in January 2019 and is approved, then her priority date will be retained at March 2016 rather than resetting to January 2019. 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. #2 Final Action Date Chart. 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. 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. . 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 . See below how it looks in a diagram. you'll need to file your I-485 application for adjustment of . Posted by userkv (15) 4 minutes ago. In handling applications for adjustment of status where immigrant visa numbers have regressed, U.S. 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 . Altho all cases are different. For a better experience, please enable JavaScript in your browser before proceeding. Did the officer told you that the only reason not to approve was your PD not being current? Green Card Priority Dates: What To Expect | The Complete Guide - VisaNation There's no way to know exactly when, so . Date For Filing vs. Final Action Date, the Two-Tiered Visa Bulletin
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