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. 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. No the office didn't say anything. This is the same case with current October 2020 Visa Bulletin as well. Just passing by to tell that I finally understood the difference between these two, thank you so much!!! Because the number of green card applicants generally exceeds the available immigrant visas, foreign nationals are given priority dates when an initial immigrant petition or labor certification is filed. Some lenders send a promissory note with your loan offer. All Rights Reserved, In a consultation, an attorney can provide answers to your questions, or you may engage our firm for your immigration process. You don't have to wait for the government to call you after you notice this. 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 Visa Office (VO) that is part of US Department of State (DOS) handles the green card numbers reporting and prediction. Now that we have a full background, lets look at each of the terms dates of filing and final action dates: The dates for filing application or simply dates for filing in Visa bulletin are the earliest dates when Green Card Applicants may be able to apply for green card or immigrant visa. What do "Dates for Filing" and "Application Filing - Gurfinkel 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). How Are Green Card and Immigrant Visas Counts Reported? Santosh, Yes, that could be the reason, we do not know for sure. They are asked by the USCIS to use the Dates for Filing in the first months of that current fiscal year. meaning that the priority date must be current. I have filed under niw eb2. We hope this post was helpful in this regard so you can have a smooth application process. Also, if you are in the process of considering petitioning for a green card, the idea of having to wait decades could be terrifying. People can find out from www.uscis.gov/visabulletininfo which dates they should use to submit applications for adjustment of status. Visa Bulletin: Final Action Date, Cut Off and Predictions | Immigration 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 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. See below how it looks in a diagram. But at the same time, I don't want to miss the priority date of Dec 2008 and also would like to receive the GC without any issues. what happens when final action date is current? Any idea how long it takes to get gree card interview with . Once the priority date becomes current the foreign national may apply for their physical green card. 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. Spray Foam Equipment and Chemicals. On the Stilt Blog, I write about the complex topics like finance, immigration, and technology to help immigrants make the most of their lives in the U.S. Our content and brand have been featured in Forbes, TechCrunch, VentureBeat, and more. In handling applications for adjustment of status where immigrant visa numbers have regressed, U.S. As mentioned above, labor certification filings are based on a specific job offer. Also, they get the number of pending applications of adjustment of status from USCIS. Youll have to compare your priority date to the final action dates that are posted in the visa bulletin. For example, July Visa Bulletin is most likely published between June 10 th and 15 th. Start new topic. January 30, 2012. A green card cannot be issued unless the applicant . So what is a priority date? The greatest risk in delaying is that the opportunity may be lost. My Priority Date is Current, Am I Eligible for Additional H-1B Extensions? Dates for Filing in Visa Bulletin Explained, Final Action Dates in the Visa Bulletin Explained, given Green Card Category Codes to identify. Once the USCIS receives the petition, that date will be your priority date. You may notice that the dates for some countries are different from others. In reality, your employer will need to file an completely new petition, fees, and obtain a new PERM Labor Certification on your behalf. It is helpful knowing it is not necessary to file the I-485 case as soon as the priority date becomes current. So, you will have to wait until the final action date matches or passes your priority date before you can . Toronto, Ontario M5C 1C4 Why is your priority date important? However, here is the general application process that most applicants will go through: 1. that are used for detailed allocation. 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. Soon youll have your loan offer. Question: For those cases transferred to NBC, if the priority date is current under the "Final Action Date," please advise how an applicant could follow up with the USCIS. 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. nagesh, This totally depends on the location, if you have already submitted medicals and if they would call for an interview. Both routes can be advantageous based on your situation. I-140 petitions do not expire. 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. You are using an out of date browser. Your use of this website and our software platform are subject to VisaNation Inc.'s privacy policy and terms of use. 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. Priority Date: Check USCIS Processing Times or Visa Bulletin The Visa Bulletin: Final Action Dates vs. Dates for Filing Indian EB-5 Final Action Date Current in July 2020 Visa Bulletin Dates for Filing refers to the earliest dates that a green card applicant may apply for their green card. Did the officer told you that the only reason not to approve was your PD not being current? Stronger applications get better loan offers. This is what makes the date so important. End of Sentence for Entering Canada with a Criminal Record? In this post, we will take a look at the final action date vs filing date and analyze their differences. You can think these dates as if your position in queue has reached the end and you are ready to get the green card. If you are terminated while both the I-140 and I-485 are pending with USCIS AND employer withdraws I-140 petition. 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. 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. Date For Filing vs. Final Action Date, the Two-Tiered Visa Bulletin That's a wealth of information. So , in order to best utilize this opportunity to get his greencard and EAD, what would be suggested course of action for him? I-485 Approvals Possible: Impact on Spouses / Children without Filed I-485s. 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! His previous employer is unable to take him back untill they have a new job for him. How to Check US Visa Status Online? Posted by userkv (15) 4 minutes ago. I have read a couple of posts from people that said that took up to 3 months after PD became current. Any exceptions for a certain month will be mentioned in the Visa Bulletin and specified to use filing dates. #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. This date shows what your priority level is according to the Department of State. These were all introduced as part of Obama plan for modernizing legal immigration in 2015. May 2022 Visa Bulletin Predictions - Path2USA For each category and for each country, there is a date that is called the final action date. How Do I Know Which USCIS Service Center? The priority dates moved!! Now what?? - Medium provided the dates are not moved backward.. Whats the prediction going forward at least for EB3 category? How Do I Know If USCIS Received My Application? Every month the Visa Office gets a report of total number of immigrant visa (Green Card) applicants from all US consulates & Embassies across the globe. 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. Also, they will help schedule interviews for immigrant visas based on the final action dates by working with the U.S. consulates. Thanks. RedBus2US.com 2010 - 2023, All Rights Reserved. Priority Date: Current, Retrogressed, or Doesn't Matter? There are few scenarios on why dates for filing & final action dates move forward or backward. No matter who you speak to along the immigration journey, one topic looms darkly over the conversation: priority dates. 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. 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. Make sure to get a copy of 140 from your employer. 2023 March Madness: Conference tournaments underway, brackets Your name check needs be cleared by the time they take your I-485 file. 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. what happens when final action date is current?filipino ethnocentrism 5 examples Yes! 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. How many weeks are they expecting to provide a decision after the date becomes current per Visa bulletin for a category. Legal services are provided by VisaNation Law Group PLLC, a Florida professional limited liability company. 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. 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. HOW TO READ THE VISA BULLETIN // If you're trying to figure out how to read the visa bulletin, this video is for you. 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. If priority date becomes current within first 1-2 months of joining company , is that a lost opportunity for that individual ? This means that do not abandon . It would then be held until the final . 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. . Thanks. Green card reporting is taken care of by the Visa Office (VO) part of the U.S. Department of State (DOS). Just keep waiting. but, they will 'hold off' on issuing an approval until it becomes current. So what should you do if youre looking at decades of waiting time for your priority date. I have filed the I-485 during Oct 2020 ( based on the Filing date chart in Oct 2020 Visa Bulletin). Priority Date Finally Current! How Soon Should I-485 be Filed? I-485 application. -One-page form (PTO/SB/434) filed with After . These will predict how many Green Cards will be available for the following months until the fiscal year ends. 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. But for your easy understanding, we have tried to simplify it as below. 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. In the Visa Bulletin, the Dates for Filing or Dates for Filing Application refer to the earliest dates when people who apply for Green Cards are finally allowed to apply for their immigrant visa or green card. Any idea how long it takes to get gree card interview with current covid situation my Attorney says it takes 12 months any body did receive recently green card please share. First Notice of Action (NOA): 1 to 5 weeks. Once NVC receives all the documents in step 9 and they will mark them as Documentarily Complete. My interview was complete in Oct 2018. Another provision of AC21 may allow continued extensions of H-1B status in one-year increments according to Section 106(b). Adjusting status to a lawful permanent resident of the United States is a big step! If your filing date was current for 3+ years , you would have filed for AOS already right ? Anyone knows how lawyers recommend handling this situation? 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 there is a date shown, that's the "cutoff date." Compare that to your priority date. I guess you've got no I-485 RFE ? 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. It may not display this or other websites correctly. 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. Other individuals may have suffered a denial at either the labor certification or the I-140 stage. Is it possible to continue to extend the H-1B? I am in the same boat as you are. B1/B2, H1, F1? Thank you indian_ocean. USCIS uses final action dates as the default priority dates asking green card applicants to apply for Adjustment of status. What happens when Final Action Date is current ? You must log in or register to reply here. What happens if final action date become current and new - Blind Depending on how the above three numbers vary, you would see movement of the priority dates. This is not always the case, however when one is not yet married and wants to include the future spouse, for example. 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). CONCEPT. THIS is the Form I-485 processing time at USCIS [2022] - Stilt Blog No action was taken since I wasnt sure if I wanted to continue the petition thru me. Not sure what a priority date means? Unfortunately It's in Uscis hands. Will this rapid movement be continue which help to move dates for filling become current? CANADA, 5 Kenley Road This site uses cookies to help personalise content, tailor your experience and to keep you logged in if you register. The Visa Bulletin is released by the U.S. Department of State. immihelp.com is private non-lawyer web site. This is essentially where the DOS is when it comes to processing petitions. This is a process by which you can adjust your status from nonimmigrant to immigrant. 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 ? I was kinda excited today when I saw LUD but disappointed after seeing the same finger print messages. Watch this thread Start a new thread Add a post. Most likely, once your RFE is responded by you, then as soon as ur date becomes current in table, you should see 485 approved and GC delivered in same month when final action date is current. Assuming you do not have an I-485 pending from your EB3 case, AC21 portability is not really a factor (i.e. 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. If the advancement is an unusual circumstance (such as occurred in the summer of 2007), waiting may be risky, as retrogression is highly likely. 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 . Here at VisaNation, we have helped countless people like yourself obtain their green cards. These issues should be discussed with an experienced, qualified immigration attorney, who can provide guidance in such matters. Unfortunately, if you previously filed your I-485 adjustment of status application but your priority date has retrogressed and is no longer current, the U.S. Disclaimer: Website, software platform and administrative support are provided by VisaNation Inc., a Delaware corporation. 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. Salesforce, Go to company page Also, for reporting and prediction, The Visa Office aggregates numbers on the high-level Categories like F1, F2A, EB-1 and does not give priority dates under sub-categories level. 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. 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. But I my h1b was approved without issues. However, that requires that the I-485 remain pending for at least 180 days. Residence senior - Niort 79; Residence senior - Rochefort 17 NVC will also notify the applicants that their application is Documentarily complete. what happens when final action date is current? Hi. I have H4/L2 Kid under 21 years: In cases of H4 children, we strongly suggest filing a new EB2 i485 always. US Department of State introduced the concept of Final Action Dates and Dates for Filing only from October 2015 Visa Bulletin. If your application meets the eligibility criteria, the lender will contact you with regard to your application. You can check https://visagrader.com/uscis-processing-times/i-485-eb to know processing times history by location. Thus, delaying the I-485 means being tied to the particular employment for a longer duration. So the bottom line is LUD never changed since August 05 and suddenly 4 LUD in past 10 days. Don't hold your breath. 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. . 2271-Final Action - United States Patent And Trademark Office 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). Visa Bulletin (Priority Dates) - Adhikari Law PLLC Which priority date is current? I hmy final action date is current and I had finger print processing in Jan 2021 and got my EAD. So, Is my filing date Oct 2020 ?? How to File I-140 & I-485 To Speed Up The Green Card Process | AllLaw Looks like it is going to be a long wait even after the final action date becomes current. They can do the interview before the final action date is current . What are Final Action Dates in Visa Bulletin? 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. Green Card Priority Dates: What To Expect | The Complete Guide - VisaNation what happens when final action date is current? Adjustment of Status Timeline - RapidVisa Usually, Dates for Filing are used during the fiscal years first few months, such as October and November. Now you need to set up your repayment method. 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 one twist to the Visa Bulletin. 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. What do you think of the dates for filing and final action dates movement? There are, however, overall risks in waiting for greatly extended periods of time, as explained below. Provide any additional information if required. or i can file anytime after I come over to USA ? It is necessary to be in the United States in order to file the I-485. dave chappelle: the closer vinyl. IMPORTANT UPDATE: There is a significant advancement of Priority Dates in EB-3 India category in October 2020VISA BULLETIN. USCIS approves the petition, thus making February 1, 2023 Manuel's Priority Date. London TW1 1JT Most people that petition for a green card have a priority date. When you see that your Priority Date is current on the "Dates for Filing . Submit the required documentation and provide your best possible application. Anyone waiting to receive an employment-based or family-based green card is likely already familiar with the visa bulletin. What happens after my priority date becomes current? While it is permissible to file the I-485 as soon as one's priority date becomes current, this is not a requirement. We take a holistic underwriting approach to determine your interest rates and make sure you get the lowest rate possible. When will the National Benefits Center begin reporting Form I-485 processing times? 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. The length of time could be significant. If this is your first visit, be sure to A few differences can be seen between the Dates for Filing and Final Action Dates. The visa bulletin is made up of four charts: Notably, the employment-based and family-based charts are separated by final action dates and dates for filing..

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