The Dates for Filing column also reflects when the State Department expects the Final Action Dates to be current 8 to 12 months in the future. The greatest risk in delaying is that the opportunity may be lost. Still Disadvantaged Even When Your Priority Date Becomes Current Filing Date vs Final Action Dates: Visa Bulletin? Guide - RedBus2US 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. In handling applications for adjustment of status where immigrant visa numbers have regressed, U.S. Its all about the priority date. What do "Dates for Filing" and "Application Filing - Gurfinkel This behavior seems to be common. How many weeks are they expecting to provide a decision after the date becomes current per Visa bulletin for a category. 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. Medallia. THIS is the Form I-485 processing time at USCIS [2022] - Stilt Blog If you are filing for adjustment from within the U.S., then you should immediately contact an attorney to prepare your Form I-485 and corresponding evidence. This is the same case with current October 2020 Visa Bulletin as well. what happens when final action date is current? However, here is the general application process that most applicants will go through: 1. Final Action Dates and Dates for Filing are two different things, but what exactly are the differences between them? Furthermore, the Visa Office tends to aggregate the high-level Categories numbers for reporting and prediction, including EB-1, F1, and F2A. 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. They are asked by the USCIS to use the Dates for Filing in the first months of that current fiscal year. 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if you previously filed your I-485 adjustment of status application but your priority date has retrogressed and is no longer current, the U.S. Could be a few days to several months. This may prevent the applicant from filing the I-485 when the priority date becomes current. 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. USCIS informs public at www.uscis.gov/visabulletininfo on what dates to use for submitting adjustment of status applications. the final action date would immediately become "Current" for October for all countries except El Salvador, Guatemala, and Honduras which would be subject to an August 1, 2017 final action . Final Action Date vs Filing Date - Things You Should Know - Stilt Blog With the layoffs at NBC I dont see it happening anytime soon. Below are the things that you can do depending on your situation. Dates for Filing refers to the earliest dates that a green card applicant may apply for their green card. A green card cannot be issued unless the applicant . This makes it possible to have more applications ready in the queue to meet the whole years demand. If your priority date is on or before the cutoff date . Visa Bulletin (Priority Dates) - Adhikari Law PLLC If your application meets the eligibility criteria, the lender will contact you with regard to your application. 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. What happens after my priority date becomes current? EMPLOYMENT-BASED GREEN CARD PROCESSING UPDATE - HSD Immigration Firm This is not to be confused with a change of status or a transfer of status, which are different processes entirely. . what does y mean in rubik's cube algorithms . 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. How Do I Know If USCIS Received My Application? 1. Once NVC receives all the documents in step 9 and they will mark them as Documentarily Complete. How Do I Know Which USCIS Service Center? There are few scenarios on why dates for filing & final action dates move forward or backward. 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. CEAC Website, Errors Info. Thus, delaying the I-485 means being tied to the particular employment for a longer duration. I was kinda excited today when I saw LUD but disappointed after seeing the same finger print messages. Background for Dates for Filing & Final Action Dates. provided the dates are not moved backward.. Whats the prediction going forward at least for EB3 category? My Priority Date is Current, Am I Eligible for Additional H-1B Extensions? Most people that petition for a green card have a priority date. All Rights Reserved. #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. 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. 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. his priority date is Nov 2014. Priority Date: Current, Retrogressed, or Doesn't Matter? Your name check needs be cleared by the time they take your I-485 file. scripps institution of oceanography graduate programs; rosemont seneca advisors website 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. By NJ80, January 30, 2012 in AOS & CP : General. WHAT TO DO WHEN YOUR PRIORITY DATE BECOMES CURRENT - YouTube what happens when final action date is current? 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 . check out the. See what other people are asking and the advice they're getting. 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. One of the most common reasons among MurthyDotCom and MurthyBulletin readers involves marriage plans. All Rights Reserved, In a consultation, an attorney can provide answers to your questions, or you may engage our firm for your immigration process. To calculate when your priority date may . Make sure to get a copy of 140 from your employer. 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. All times are GMT-5. Copyright 1999-document.querySelector("#footer-year").innerHTML=new Date().getFullYear(); immihelp.com. Still, after your priority date becomes current in the "Application Final Action Dates" chart, you will have one year to pursue your visa or green card. Lets look at an example: Martha is an Indian citizen waiting on an EB-3 green card with a priority date in March 2016. For some, this prevents opportunities for promotions and other career advancement. Copyright 2011, MURTHY LAW FIRM. Thanks. I485 applied, what happens if dates retrogress? Usually, if you see Visa Bulletin after the USCIS fiscal year starts after first couple of months(Oct, Nov), USCIS asks everyone to use final action dates. 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. contact our office to schedule a consultation. How to Apply for a U.S. Passport: A Step-by-Step Guide, PERM Process & Equal Pay Transparency Laws, Its Not Too Late for the H-1B Visa Lottery, USCIS Extends Green Card Validity for Conditional Permanent Residents with a Pending Form I-751, Process Update for Labor Enforcement Investigations, The Truth About Deferred Prosecution & Crossing The Canadian Border, Our Community Involvement: Luxury Purse Bingo, New Designs Roll Out for Green Cards & Employment Authorization Documents. Can his current employer C do something or he has to go back to previous employer A? Any idea how long it takes to get gree card interview with . 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. When will the National Benefits Center begin reporting Form I-485 processing times? Assuming you do not have an I-485 pending from your EB3 case, AC21 portability is not really a factor (i.e. 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. If it becomes necessary during the monthly allocation process to retrogress a final action date, supplemental requests for numbers will be honored only if the priority date falls within the new . Qualified Immigrant Visa Applicants count received from US Consulates, Pending Adjustment of Status applicants count received from USCIS. No matter who you speak to along the immigration journey, one topic looms darkly over the conversation: priority dates. No names are reported, but only the counts of applicants with that status at a consulate or embassy are reported. 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 . 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. Visa Bulletin - Everything U.S. Visa Applicants Need to Know - Kozycki Law 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. Usually, you see USCIS ask applicants to use Dates for Filing in the beginning months of the Fiscal year start (October, November). 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. 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. what happens when final action date is current? How are Green Card or Immigrant Visas count Reported, Predicted? They can do the interview before the final action date is current . 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). 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. . https://www.uscis.gov/green-card/green-card-processes-and-procedures/child-status-protection-act-cspa, A doubt about the age calculation in CSPA. The first thing Manuel does next is to check the State Department's Visa Bulletin, a list showing "cutoff dates," or which Priority Dates are "current," meaning that their holders are now entitled to visas. Will this rapid movement be continue which help to move dates for filling become current? -Current version of program (AFCP 2.0) available since 2013, now extended through September 30, 2016. The reports including the total number of immigrant visa applicants are sent to the Visa Office every month. This can be a significant risk, particularly in a period of economic instability. US Department of State introduced the concept of Final Action Dates and Dates for Filing only from October 2015 Visa Bulletin. 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 . 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. Confirm all security and background checks are completed; 3. Why Is It Longer For Some Countries Than Others? Green card applicants will be informed by the NVC when they will get current priority dates based on the Visa Bulletins Final Action Dates. This is where the DOS Visa Bulletin comes into the picture. There is no easy way out, just need to wait for things to get normal. Lets review, what dates for filing mean for NVC, Consulates and USCIS. USCIS is supposed to also enforce it, but I've never heard of a case where it happened. It is the day that the USCIS receives your green card petition. How it benefits you is because porting your green card allows your employer to indicate that your original green card priority date should be retained. what happens when final action date is current? People can find out from www.uscis.gov/visabulletininfo which dates they should use to submit applications for adjustment of status. what happens when final action date is current? If a person does not file in December 2011, therefore, even though s/he could do so, the opportunity is not necessarily lost. These issues should be discussed with an experienced, qualified immigration attorney, who can provide guidance in such matters. RedBus2US.com 2010 - 2023, All Rights Reserved. What is the best possible course of action for him thru his current employer C? 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. What happens if I filed my I-485 application previously but my priority Delaying ones filing can also delay eligibility for promotions and job changes. Unfortunately, there is no ability to extend an H-1B that is already beyond the six-year limit any further.