what happens when final action date is current?

Interesting. But, what happens when the immigrant visa finally becomes available and the priority date is current? #2 Final Action Date Chart. 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. -One-page form (PTO/SB/434) filed with After . Usually, you see USCIS ask applicants to use Dates for Filing in the beginning months of the Fiscal year start (October, November). If they withdraw after 6 months of approval the PD based on that 140 can still be used. Toronto, Ontario M5C 1C4 This bulletin reveals how many green cards are available for each category and also shows priority dates. 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. 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). How long does it take to get green card after becoming current? 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). 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. However, others will have to wait until the final action date passes their priority date in order for their priority dates to be considered current. I have filed under niw eb2. 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. 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. Final Action Dates and Filing Dates are not the same, and you must know the differences if you are a green card applicant. When can you Apply for H1B Visa Stamping after Petition Approval? 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. If you are new to the Green Card process and have not heard some of the terms like country caps, priority dates or numerical limits, read Green Card Numerical Limits, Country Caps, Priority Date to get an idea. Citizenship and Immigration Services local field offices are required to undertake the following steps: 1. When the dates for filing show as C or Current, it means that the foreigner doesnt have to wait anymore to apply for a visa interview at the U.S. consulate in their country for the immigrant visa. To make it easier for foreign nationals to track their place in line, U.S. They usually look at their pending applicants count with them and forecast, if they have any shortage of applications. As you read from above, there are many factors considered for prediction of the green card applications required to meet the numerical limit. It may be many years before her priority date is current. 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. 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. Unfortunately, there is no ability to extend an H-1B that is already beyond the six-year limit any further. The Visa Bulletin is released by the U.S. Department of State. For example, in the Visa Bulletin for September 2019, under the F4 category (Brothers and Sisters of U.S. citizens), the Filing Date Table B Priority Date is 08MAR07 (March 8, 2007) while the Final Action Date Table A Priority Date is 01NOV06 (November 1, 2006). 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. These are the dates the National Visa Center (NVC) uses to notify green card applicants that they can start getting documentarily qualified. 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. This may prevent the applicant from filing the I-485 when the priority date becomes current. Legal services are provided by VisaNation Law Group PLLC, a Florida professional limited liability company. No matter who you speak to along the immigration journey, one topic looms darkly over the conversation: priority dates. Still Disadvantaged Even When Your Priority Date Becomes Current My father petitioned my brother with a Priority Date of 10/28/2005. 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. Here at VisaNation, we have helped countless people like yourself obtain their green cards. CEAC Website, Errors Info. it deals with people transferring employers after an I-485 has been pending for at least 180 days.) 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. Lets look at them. Adjustment of status is only available to those that are already in the U.S. under a nonimmigrant visa status (such as an H-1B, L-1, or K-1 visa). #workvisa #greencard #ead #485, Go to company page Your I-485 (green card application) will be denied. The dates of filing may also be used by USCIS asking Green Card applicants in US to submit applications for Adjustment of Status. The length of time could be significant. . 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. The greatest risk in delaying is that the opportunity may be lost. While it is permissible to file the I-485 as soon as one's priority date becomes current, this is not a requirement. Submit the required documentation and provide your best possible application. At that appointment, you will have your biometrics taken, you will submit a DS-260 application, and you will go through a one-on-one interview with a consular officer. The priority date represents the foreign nationals place in line for a green card. We responded to the RFE in a month and Interview was scheduled in October. Provide any additional information if required. 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. The CAA, SoCon and Summit League are . The process of prediction is pretty complicated. In other words, if a person's priority date is listed in the Dates for Filing column, their priority date would be current in the Final Action Date column in less than a year. tula tungkol sa magsasaka at mangingisda; It has Dates for Filing charts and Final Action Dates charts. 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. If one is able to overcome the reasons for the denial, typically through an appeal or a motion to reopen, s/he (and all dependent family members) may be able to file the I-485 at a later time. 1. Copyright 1999-document.querySelector("#footer-year").innerHTML=new Date().getFullYear(); immihelp.com. JavaScript is disabled. 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. It has two charts: "Final Action Dates for Employment-Based Preference Cases" and "Dates for Filing of Employment-Based Visa Applications." Ruchi, If he has to apply now, the only option is to go with A as there is no perm with C. Thanks Kumar for the response. What is Dates for Filing in Visa Bulletin? Se (re)sentir chez soi; Des proches rassurs; Rester actif rester vivant; RSIDENCES SENIORS. The above final action date projections for the Family and Employment categories indicate what is likely to happen on a monthly basis through May. Oct 2020 bulletin , the filing date for India is Jan 1 2015 for EB3. Citadel Securities, Go to company page 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. Detailed Green Card Wait Time: Based on March 2023 data from USCIS/DOS, please see below current wait time for both EB and FB categories. 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 ? Advisory Action not mailed until after end of three months from mailing date of Final Office Action In this case, extension fees are calculated from the Advisory Action mailing date . If you are terminated while both the I-140 and I-485 are pending with USCIS AND employer withdraws I-140 petition. What should you do with your priority date? The other option is to go through consular processing, which involves making an appointment with the U.S. Consulate or Embassy in your home country. Some lenders send a promissory note with your loan offer. How many weeks are they expecting to provide a decision after the date becomes current per Visa bulletin for a category. what happens when final action date is current? You can choose an autopay method online to help you pay on time every month. 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! Don't hold your breath. Sometimes, a priority date that is current one month will not be current the next month, or the cut-off date will move backward to an earlier date. Could any gurus explain me what's going on. We will look more details below, lets dive into the dates of filing and final action dates and how they move. https://www.uscis.gov/green-card/green-card-processes-and-procedures/child-status-protection-act-cspa, A doubt about the age calculation in CSPA. Just handed me a white paper which had a few options and the option which said 'we are unable to make a decision now was checked'. The determination of the actual monthly final action dates is subject to fluctuations in applicant demand and a number of other variables impacting processing. Stronger applications get better loan offers. I would like to know if anyone's I-485 application with Dallas FO after transfer from NBC to Dallas Fo on July 20th. It may be helpful to document the steps the new employer has taken to file a labor certification on behalf of the employee. All Rights Reserved, In a consultation, an attorney can provide answers to your questions, or you may engage our firm for your immigration process. While it is permissible to file the I-485 as soon as ones priority date becomes current, this is not a requirement. Else you will have to get it via FOIA, This is right. According to the current policy memo guiding adjudications, the clock starts ticking on the 180-day period as soon as the I-485 is appropriately filed with USCIS . Green Card Wait Time - Check Priority Date - Mygcvisa Also, they get the number of pending applications of adjustment of status from USCIS. How VisaNation Law Group Attorneys Can Help. There is no actual time limit governing how long a person could wait to move forward with an I-485 filing. So, you will have to wait until the final action date matches or passes your priority date before you can . Watch this thread Start a new thread Add a post. Youll have to compare your priority date to the final action dates that are posted in the visa bulletin. 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. 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.

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