what happens when final action date is current?

Please note: These wait times can change every few weeks as USCIS/DOS receives more applications. When assessing this risk, it is necessary to consider the reason for the cutoff date advancement. Usually, Dates for Filing are used during the fiscal years first few months, such as October and November. 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. The NVC uses Dates for Filing from Visa Bulletin to notify applicants to start submitting the documents and work with them for all the required steps to make them ready for green card interview. 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. My Priority Date is Current, Am I Eligible for Additional H-1B 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. Start new topic. Would the person risk loosing out filing for GC forever ? Confirm all security and background checks are completed; 3. She is a member of the American Immigration Lawyers Association and Society for Human Resource Management. Green card reporting is taken care of by the Visa Office (VO) part of the U.S. Department of State (DOS). what happens when final action date is current? I hope this is not . 2023 Berardi Immigration Law. 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). 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. My filing date is current for 3+ years now. When you see that your Priority Date is current on the "Dates for Filing . 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. Lets get started! 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. 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. 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 do not have a priority date set. The good news is that many U.S. employers prefer premium processing, which will expedite the overall processing time. USCIS Visa Bulletin Mar 2023 Employment Green Card Dates - USA - AM22Tech 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. it deals with people transferring employers after an I-485 has been pending for at least 180 days.) 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. In many cases, the Date for Filing will be well before the Final Action Date, meaning that the alien applicants . You may have heard of them or you may even be currently waiting for your priority date to be current right now. One of my friend is on H1b Visa and have I-140 approved from previous employer A under Eb2 category. The Visa Bulletin is released by the U.S. Department of State every month. what happens when final action date is current? 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. 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 . I-485 Issues Common to All Services Centers, Visa Bulletin and Priority Dates Retrogression Iss. https://www.uscis.gov/green-card/green-card-processes-and-procedures/child-status-protection-act-cspa, A doubt about the age calculation in CSPA. 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. Most people that petition for a green card have a priority date. For example, July Visa Bulletin is most likely published between June 10 th and 15 th. 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. 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. What happens after my priority date becomes current? 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. THIS is the Form I-485 processing time at USCIS [2022] - Stilt Blog by | Jul 3, 2022 | small rosary tattoo | Jul 3, 2022 | small rosary tattoo 1. They usually look at their pending applicants count with them and forecast, if they have any shortage of applications. What happens to I-485 AoS if "date for filing" is current but "final The greatest risk in delaying is that the opportunity may be lost. 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. senior housing bloomfield, nj. Visa Retrogression, or Why Your Priority Date Is No Longer Current I have filed the I-485 during Oct 2020 ( based on the Filing date chart in Oct 2020 Visa Bulletin). This is because the marriage green card is in a separate category called immediate family. Could be a few days to several months. Unfortunately, there is no ability to extend an H-1B that is already beyond the six-year limit any further. 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. For example, below is what was used in October 2020, where it says to use Dates for Filing. Learn More, The Murthy Law Firm can conveniently and efficiently consult and/or represent clients located anywhere in the United States or abroad on U.S. immigration matters. People with this status are the ones that are reported to the Visa Office by the consulates for predictions for Visa numbers. Thanks Nagesh. Youll have to compare your priority date to the final action dates that are posted in the visa bulletin. What is Dates for Filing in Visa Bulletin? Could any gurus explain me what's going on. here the Filing date, Is this the date of i-485 filing? 2. For a better experience, please enable JavaScript in your browser before proceeding. If an employer waits until the priority date is current to file the H1B extension, there is eligibility for only a one-year extension. 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. See below screenshot from the same page, where they ask applicants to use Final Action dates for September 2020. Your personal information is protected by our Privacy Policy. Travel abroad is another common reason that individuals are not always able to file their I-485s immediately when the priority date becomes current. But for your easy understanding, we have tried to simplify it as below. 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. The Dates for Filing are the earliest dates green card applicants may apply for a green card. Looks like it is going to be a long wait even after the final action date becomes current. Emily Neumann is Managing Partner at Reddy & Neumann, P.C. check out the. You are using an out of date browser. If its 1 > year and if new perm is yet to start , it is upto USCIS agent to either keep your file on hold till new perm is approved or close it resulting in loosing spot if they assume that its been over a year and u havent filed 485 which means you are potentially not intersected in pursuing PR. Not sure which I-485s are processed by NVC, do they do only consular processing or regular processing too? 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. Spray Foam Equipment and Chemicals. How long does it take to get green card after becoming current? Lets look at an example: Martha is an Indian citizen waiting on an EB-3 green card with a priority date in March 2016. 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. If your filing date was current for 3+ years , you would have filed for AOS already right ? provided the dates are not moved backward.. Whats the prediction going forward at least for EB3 category? 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. This behavior seems to be common. Numerous questions have been generated by movement of the EB2 cutoff date for India and China, as reflected in the U.S. Department of State (DOS) visa bulletin during the early portion of fiscal year 2012 (FY12). You may also watch the YouTube video on Dates of Filing vs Final Action Dates that covers the details in this article. Based on current USCIS processing times, an initial application for an H-4 EAD can take up to 8.5 months to be issued. When Will Your Priority Date Become Current? | Nolo In this post, we will take a look at the final action date vs filing date and analyze their differences. If there is a date shown, that's the "cutoff date." Compare that to your priority date. Add your thoughts in comments below. Categories: Green CardsLive In The USWork In The US, Tags: employment based green cardGreen_Card_Marriagevisa bulletin. B1/B2, H1, F1? #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. 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. Therefore, while family- and employment-based green cards are often not immediately available, green cards for immediate relatives do not require you to wait for your priority date to be current. I hmy final action date is current and I had finger print processing in Jan 2021 and got my EAD. Also, they will help schedule interviews for immigrant visas based on the final action dates by working with the U.S. consulates. All times are GMT-5. 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. File H1B Extension Before Priority Date Becomes Current Yes. 2023 Murthy Law Firm. On that bulletin, people can see two types of dates: filing date charts and final action date charts. contact our office to schedule a consultation. Did the officer told you that the only reason not to approve was your PD not being current? 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. What if you are unable to file your I-485 application for adjustment of status within one year of your Final Action Date becoming current, such as the situation when you are no longer with the employer that sponsored your labor certification and I-140 petition? Refile EB2 i485 or Interfile After EB2 to EB3 Downgrade? - USA - AM22Tech Everyone from that specific country and category can file for their green card and enjoy quick processing. Thank you indian_ocean. Thanks. The priority date doesn't matter because there is no annual limit in your category. In reality, your employer will need to file an completely new petition, fees, and obtain a new PERM Labor Certification on your behalf. Im a firm believer that information is the key to financial freedom. I-485 Approvals Possible: Impact on Spouses / Children without Filed I-485s. 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). There is no easy way out, just need to wait for things to get normal. There has been no movement on my case so far. These issues should be discussed with an experienced, qualified immigration attorney, who can provide guidance in such matters. My Priority Date is Current, Am I Eligible for Additional H-1B Extensions? We responded to the RFE in a month and Interview was scheduled in October. The process of prediction is pretty complicated. Countries that submit fewer petitions than the limit will see their final action dates move forward. That's a wealth of information. 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. 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. If this is your first visit, be sure to Provide any additional information if required. Priority Date: Current, Retrogressed, or Doesn't Matter? People can find out from www.uscis.gov/visabulletininfo which dates they should use to submit applications for adjustment of status. Your child gets CSPA protection only if the date got current in the Final action chart. mcgilley state line obituaries. STEP 2: Once the petition is approved an immigrant visa number is assigned to you. Still Disadvantaged Even When Your Priority Date Becomes Current The date is current in DOF and USCIS allows: You can file i485, i765, and i131. This is essentially where the DOS is when it comes to processing petitions. Here at VisaNation, we have helped countless people like yourself obtain their green cards. Now you need to set up your repayment method. 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. Thanks. 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) 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. If a person does not file in December 2011, therefore, even though s/he could do so, the opportunity is not necessarily lost. Beginning December 3, 2022, trademark applicants will have three months (with an optional three-month extension), instead of the current six months, to respond to office actions issued during the examination of a trademark application at the United States Patent and Trademark Office (USPTO). Instead, you can contact the NVC and ask for the appropriate instructions. Citizenship and Immigration Services local field offices are required to undertake the following steps: 1. There is no actual time limit governing how long a person could wait to move forward with an I-485 filing. How to File I-140 & I-485 To Speed Up The Green Card Process | AllLaw Difference Between Final Action Dates & Dates for Filing? On the other hand, when cutoff dates are moving forward routinely, there is less likelihood of significant and extended retrogression. How VisaNation Law Group Attorneys Can Help. 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. What do you think of the way ahead? What is the best possible course of action for him thru his current employer C? While it is permissible to file the I-485 as soon as ones priority date becomes current, this is not a requirement. Many applicants want to file on the first day of the month in which their priority dates become current. 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.

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