Learn what others are saying about us on Google, Yelp, and Facebook or visit us at https://www.stilt.com. 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. 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. Lets look at them. 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. The second, new chart is the "Dates for Filing Application" chart, which indicates the date when a green card applicant can submit an I-485 adjustment of status application. If you are considering downgrading your petition from EB-2 to EB-3, read THIS ARTICLE. I have H4/L2 Kid under 21 years: In cases of H4 children, we strongly suggest filing a new EB2 i485 always. Yes. 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. Speak with your immigration attorney to learn more. Copyright 2011, MURTHY LAW FIRM. All times are GMT-5. This is not due to any prejudice on the part of the Department of State. Difference Between Final Action Dates & Dates for Filing? If this is your first visit, be sure to One of my friend is on H1b Visa and have I-140 approved from previous employer A under Eb2 category. USCIS processes all I-485s. If you are terminated while both the I-140 and I-485 are pending with USCIS AND employer withdraws I-140 petition. However, that requires that the I-485 remain pending for at least 180 days. 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. 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 Also, Visa Bulletins after the first few months of the USCIS fiscal year will tell everyone to use final action dates. January 30, 2012. The priority date is earlier (before) the final action date. But, what happens when the immigrant visa finally becomes available and the priority date is current? I-140 petitions do not expire. 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 . What should you do with your priority date? A green card cannot be issued unless the applicant . 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. Unfortunately, there is no ability to extend an H-1B that is already beyond the six-year limit any further. 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. Other individuals may have suffered a denial at either the labor certification or the I-140 stage. Newport Beach, CA 92660, 18 King Street East, Suite 1400 The first chart, the "Application Final Action Dates" chart will list the priority dates that are current. Employment-Based Green Card, I-485 Processing Timeline [2023] - VisaNation Najwitszej Maryi Panny Krlowej Polski > Bez kategorii > what happens when final action date is current? This may prevent the applicant from filing the I-485 when the priority date becomes current. 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) These requests for H-1B extensions are made under the provisions of Section 104(c) of the American Competitiveness in the 21st Century Act (AC21). 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. 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. 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. How to File I-140 & I-485 To Speed Up The Green Card Process | AllLaw Green card reporting is taken care of by the Visa Office (VO) part of the U.S. Department of State (DOS). 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. Se (re)sentir chez soi; Des proches rassurs; Rester actif rester vivant; RSIDENCES SENIORS. 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. It is not like other processing. When Will Your Priority Date Become Current? | Nolo We hope this post was helpful in this regard so you can have a smooth application process. As mentioned above, labor certification filings are based on a specific job offer. Those who are outside of the U.S. when their priority dates become current may have to wait until they return to the U.S., usually in a dual intent status, such as an H or L. Added to the more common travel and marriage reasons to delay filing I-485s are a host of other scenarios. 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. 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. Depending on how the above three numbers vary, you would see movement of the priority dates. . How Are Green Card and Immigrant Visas Counts Reported? Looks like it is going to be a long wait even after the final action date becomes current. it deals with people transferring employers after an I-485 has been pending for at least 180 days.) I have read a couple of posts from people that said that took up to 3 months after PD became current. 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). The Form I-485 processing time is long, and the wait can be difficult. 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. 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. There are a number of reasons that an individual may not be able to or chooses not to file his or her I-485 in the month that the priority date first becomes current. See below screenshot from USCIS Visa Bulletin filings charts webpage, where they ask applicants what date to use in a particular month. 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. For a better experience, please enable JavaScript in your browser before proceeding. Adjusting status to a lawful permanent resident of the United States is a big step! This is what makes the date so important. Dates for Filing refers to the earliest dates that a green card applicant may apply for their green card. #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. The priority date doesn't matter because there is no annual limit in your category. Also note that if the accrual of the 1-year period is interrupted by the unavailability of an immigrant visa, such as when a priority date becomes current and later retrogresses, a new 1-year period starts when the priority date becomes current again. 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. 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. 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. I read that once your final action date becomes current , you are required to file 485 and start final leg of process within 1 year or you risk to loose your spot in priority date queue.This has not been issue in the past as most people would have significant gap between filing date and final action date becoming current. You do not have a priority date set. 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. 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. USCIS allows green card applicants inside US to apply for adjustment of Status to get Green Card, when their priority date is current. 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. If Manuel had checked the Bulletin for February of 2023 . How to read the Visa Bulletin | My priority date is current - YouTube 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. PDF After Final Practice and Appeal - Mintz My Priority Date is Current, Am I Eligible for Additional H-1B 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. How long does it take to get green card after becoming current? What are Final Action Dates in Visa Bulletin? 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). Anyone knows how lawyers recommend handling this situation? They will also work with US consulates to schedule immigrant visa interview for these applicants based on the final action dates. It may not display this or other websites correctly. With that, the Indian final action date is finally current, although it's unclear how long-lived this status will be. Typically, an applicant receives their green card from USCIS 1 to 4 weeks after approval of the adjustment of status, which is step 4 in the AOS timeline below: Make Progress Today. Still Disadvantaged Even When Your Priority Date Becomes Current With the layoffs at NBC I dont see it happening anytime soon. USCIS Visa Bulletin Mar 2023 Employment Green Card Dates - USA - AM22Tech USCIS informs public at www.uscis.gov/visabulletininfo on what dates to use for submitting adjustment of status applications. 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. [There is an exception to this under the American Competitiveness in the Twenty First Century Act (AC21). 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. 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. Unless the priority date of the applicant is earlier than the visa bulletins listed Final Action Date, no green card can be issued. 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. The dates for filing are typically used by National Visa Center (NVC) to notify immigrant visa applicants (green card applicants), who are outside of US to prepare themselves and submit all the relevant documents required for the Green Card Visa Interview at US Consulates. 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. No action was taken since I wasnt sure if I wanted to continue the petition thru me. The above final action date projections for the Family and Employment categories indicate what is likely to happen on a monthly basis through January. Unfortunately there is way to tell how long it will take. 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.
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