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. Green card reporting is taken care of by the Visa Office (VO) part of the U.S. Department of State (DOS). I485 applied, what happens if dates retrogress? - Murthy Law Firm Indian EB-5 Final Action Date Current in July 2020 Visa Bulletin You don't have to wait for the government to call you after you notice this. 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. 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. . Apply online for the loan amount you need. The Department of State has an annual limit on the number of green cards it distributes to any country from any category (e.g. In general, each of these high-level categories has many sub-categories that are identified by Green Card Category Codes like E11, E12, IR1, etc. Suite 202 2023 Berardi Immigration Law. How to Check US Visa Status Online? Is it because of the visa bank and interviews not being scheduled? On the other hand, when cutoff dates are moving forward routinely, there is less likelihood of significant and extended retrogression. How Long To Wait for Your Priority Date to Become Current? How VisaNation Law Group Attorneys Can Help. 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. what happens when final action date is current? Thanks. I have read a couple of posts from people that said that took up to 3 months after PD became current. Which priority date is 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) 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. First, when a fiscal year starts in October, Visa Office divides the total annual available Green Card numbers into monthly allotments. Please do let us know how long did it take for USCIS to make a decision on your I485 application after the final action date became current in April 2020. The Visa Bulletin: Final Action Dates vs. Dates for Filing Qualified Immigrant Visa Applicants count received from US Consulates, Pending Adjustment of Status applicants count received from USCIS. 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). Your green card can only be approved if the PD date is current in the Final action chart. what happens when final action date is current? What do you think of the dates for filing and final action dates movement? 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 is the final action date? - Immigration Planner provided the dates are not moved backward.. Whats the prediction going forward at least for EB3 category? 2271 Final Action [R-07.2015] Before a final action is in order, a clear issue should be developed between the examiner and the patent owner. Also, similarly one can file green card applications with USCIS without waiting. For H-1B workers who have been subject to per-country visa limitations and unable to file an application to adjust status (I-485), you are probably familiar with the ability to continue to extend H-1B status beyond the six-year limit in three-year increments based on your approved I-140 immigrant petition. How are Green Card or Immigrant Visas count Reported, Predicted? How many weeks are they expecting to provide a decision after the date becomes current per Visa bulletin for a category. Some countries have dates that move forward every month while others have dates that dont move at all or actually go backward in a process called retrogression. Stilt provides loans to international students and working professionals in the U.S. (F-1, OPT, H-1B, O-1, L-1, TN visa holders) at rates lower than any other lender. 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! There is no actual time limit governing how long a person could wait to move forward with an I-485 filing. By NJ80, January 30, 2012 in AOS & CP : General. 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. 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. USCIS is supposed to also enforce it, but I've never heard of a case where it happened. Seek new employment if you have remaining H-1B time and file new PERM and I-140. Assuming you do not have an I-485 pending from your EB3 case, AC21 portability is not really a factor (i.e. There is no easy way out, just need to wait for things to get normal. RedBus2US.com 2010 - 2023, All Rights Reserved. Multiple I-140 Approvals: What happens to my priority date and who can Lets look at them. For instance, Dates for Filing are used for early preparation by USCIS or NVC to ensure that there are enough applications waiting in the queue for a certain fiscal year. Furthermore, the Visa Office tends to aggregate the high-level Categories numbers for reporting and prediction, including EB-1, F1, and F2A. 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. Depending on the month of the year and movement of priority dates, USCIS suggests which charts to use for filing adjustment of status. When to Apply for Adjustment of Status When You're on a Wait List - Nolo 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. immihelp.com is private non-lawyer web site. 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. tui salary cabin crew. 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 reports including the total number of immigrant visa applicants are sent to the Visa Office every month. THIS is the Form I-485 processing time at USCIS [2022] - Stilt Blog My father petitioned my brother with a Priority Date of 10/28/2005. So what should you do if youre looking at decades of waiting time for your priority date. Meanwhile, Final Action Dates show when there are actual available green card numbers for a certain category and country. Medallia. So , in order to best utilize this opportunity to get his greencard and EAD, what would be suggested course of action for him? How to read the Visa Bulletin | My priority date is current - YouTube 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. Applicants in that category and from that country can file the green card and will be processed immediately. Not sure which I-485s are processed by NVC, do they do only consular processing or regular processing too? But what is the difference between them? Add your thoughts in comments below. The priority dates that were used before introduction of two separate dates are nothing but the final action dates. I was in this situation 2 years ago - final cutoff date was current for longer than a year when I switched job. 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). The priority date doesn't matter because there is no annual limit in your category. Refile EB2 i485 or Interfile After EB2 to EB3 Downgrade? - USA - AM22Tech This site uses cookies to help personalise content, tailor your experience and to keep you logged in if you register. No matter who you speak to along the immigration journey, one topic looms darkly over the conversation: priority dates. Final Action Dates and Dates for Filing are two different things, but what exactly are the differences between them? USCIS approves the petition, thus making February 1, 2023 Manuel's Priority Date. If there is a date shown, that's the "cutoff date." Compare that to your priority date. his priority date is Nov 2014. This is called visa retrogression, which occurs when more people apply for a visa in a particular category . Portability means that you may continue your current greencard process even if your position, location of employment, and employer change as long as the following conditions are met: 1 . I hope this is not . EMPLOYMENT-BASED GREEN CARD PROCESSING UPDATE - HSD Immigration Firm For each category and for each country, there is a date that is called the final action date. Thanks. What do you think of the way ahead? Final action dates are used by the USCIS as default priority dates to ask applicants for green cards to apply for an Adjustment of status. It may not display this or other websites correctly. what happens when final action date is current? what happens when final action date is current? #workvisa #greencard #ead #485, Go to company page Visa Bulletin (Priority Dates) - Adhikari Law PLLC 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. Not affiliated with any government agency. 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. Interesting. On that bulletin, people can see two types of dates: filing date charts and final action date charts. Travel to USA Processes, Samples, How to Guides, USCIS suggests which charts to use for filing adjustment of status, Green Card Numerical Limits, Country Caps, Priority Date, introduced the concept of two dates to align procedures, Obama plan for modernizing legal immigration in 2015, report of total number of immigrant visa (Green Card) applicants, video on Dates of Filing vs Final Action Dates, USCIS Visa Bulletin filings charts webpage, Trump Travel Ban for Immigrant Visa holders, https://visagrader.com/uscis-processing-times/i-485-eb, GUIDE to H1B Visa 2023 Lottery, Registration, Predictions, News, FAQs. A green card cannot be issued unless the applicants priority date is earlier that the Final Action Date listed on the visa bulletin. 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. It is essentially like starting over from scratch. 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 .
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