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This is what makes the date so important. Not yet. This is called visa retrogression, which occurs when more people apply for a visa in a particular category . Hello, I am in India right now, my priority date is on 2010 October-EB2, i could not file my 485 now, do i loose the change to file ? How to Apply for H4 EAD? A green card cannot be issued unless the applicant . If you take a look at the Department of States monthly visa bulletin, you may be surprised to see that there is no section for marriage-based green cards under the family immigration section. The NVC receives the green card applications after the USCIS approves them. They are asked by the USCIS to use the Dates for Filing in the first months of that current fiscal year. Applicants require this information so they can file a Service Request if the Form I . How to Check US Visa Status Online? What do you think of the dates for filing and final action dates movement? 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. Start new topic. Sooner or later, your Priority Date will become currentin other words, you will finally see a later date, or the letter "C" on the "Dates for Filing" Visa Bulletin chart. Because the expiration date of the EAD will be tied to the . If an employer waits until the priority date is current to file the H1B extension, there is eligibility for only a one-year extension. If a person does not file in December 2011, therefore, even though s/he could do so, the opportunity is not . Also, they will help schedule interviews for immigrant visas based on the final action dates by working with the U.S. consulates. 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 I was kinda excited today when I saw LUD but disappointed after seeing the same finger print messages. The determination of the actual monthly final action dates is subject to fluctuations in applicant demand and a number of other variables impacting processing. One of my friend is on H1b Visa and have I-140 approved from previous employer A under Eb2 category. Unfortunately, there is no ability to extend an H-1B that is already beyond the six-year limit any further. There has been no movement on my case so far. Current Priority Date - U.S. Embassy in Bangladesh This bulletin reveals how many green cards are available for each category and also shows priority dates. Residence senior - Niort 79; Residence senior - Rochefort 17 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. By NJ80, January 30, 2012 in AOS & CP : General. In cases, where they believe they do not have enough applications to fill the total numerical limit by end of fiscal year( next year September), they will ask green card applicants to use Dates for Filing to submit the adjustment of status applications. Your name check needs be cleared by the time they take your I-485 file. The National Visa Center (NVC) uses these dates to let green card applicants know that they can finally start getting qualified documentarily. If a person does not file in December 2011, therefore, even though s/he could do so, the opportunity is not necessarily lost. They can do the interview before the final action date is current . Not sure what a priority date means? EB-3 green cards to Chinese citizens). Just passing by to tell that I finally understood the difference between these two, thank you so much!!! The Department of State has an annual limit on the number of green cards it distributes to any country from any category (e.g. The applicants with status of Documentary complete are the ones that consulates report to Visa Office for Visa number predictions. All times are GMT-5. It is the day that the USCIS receives your green card petition. Which priority date is current? his priority date is Nov 2014. With that, the Indian final action date is finally current, although it's unclear how long-lived this status will be. This is an important date because once the immigrant visa number is available, the foreign national's physical green card can be issued. 1. The NVC uses Dates for Filing from Visa Bulletin to notify applicants to start submitting the documents and work with them for all the required steps to make them ready for green card interview. 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. The priority date is earlier (before) the final action date. There is no easy way out, just need to wait for things to get normal. New, Renewal? he doesnt have I140 approved from current employer C yet. what happens when final action date is current? Thats why its always best to discuss your situation with a qualified and experienced immigration attorney to ensure that you are making the right decisions when it comes to your green card. What should you do with your priority date? Any exceptions for a certain month will be mentioned in the Visa Bulletin and specified to use filing dates. I am now waiting for the perm approval in my curret company. When you see that your Priority Date is current on the "Dates for Filing . How Do I Know Which USCIS Service Center? 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 . The 1 year rule usually is only enforced if the I-140 is under NVC jurisdiction. If your priority date is on or before the cutoff date . I am in the same boat as you are. It doesnt matter which green card you applied to before or which you are pursuing now, you are essentially starting from scratch on all aspects except for the priority date. Many are in this situation as the USCIS has been so slow in approving adjustment applications even when the Final Action Dates have been current for several months. Below are the things that you can do depending on your situation. 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. Najwitszej Maryi Panny Krlowej Polski > Bez kategorii > what happens when final action date is current? We hope this post was helpful in this regard so you can have a smooth application process. 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. 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. This means that do not abandon . 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. If the advancement is an unusual circumstance (such as occurred in the summer of 2007), waiting may be risky, as retrogression is highly likely. 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. 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 . How to File I-140 & I-485 To Speed Up The Green Card Process | AllLaw what happens when final action date is current? This is where the DOS Visa Bulletin comes into the picture. This is the same case with current October 2020 Visa Bulletin as well. 2023 March Madness: Conference tournaments underway, brackets A lot depends on what is the current age of your child and how soon it can get current in the EB2 final action chart. 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. USCIS informs public at www.uscis.gov/visabulletininfo on what dates to use for submitting adjustment of status applications. 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. Visa Bulletin - Everything U.S. Visa Applicants Need to Know - Kozycki Law 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. what happens once PD becomes current for a pending I-485? At this stage priority date between oct01-mar02 does not matter. Depending upon the movement of the cutoff dates, and any other delays or problems that arise in the I-485 case, this means that it may be necessary to file the H1B extension again in just one year. Confirm all security and background checks are completed; 3. 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. When assessing this risk, it is necessary to consider the reason for the cutoff date advancement. dave chappelle: the closer vinyl. I have filed under niw eb2. Dates for Filing in Visa Bulletin Explained, Final Action Dates in the Visa Bulletin Explained, given Green Card Category Codes to identify. I-140s that are sent to the State Department for consular processing purposes are held at the National Visa Center (NVC), Most decent employers never withdraw 140. Thanks Nagesh. EMPLOYMENT-BASED GREEN CARD PROCESSING UPDATE - HSD Immigration Firm If you're an immediate relative of a U.S. citizen, you don't need to track the Visa Bulletin. PD Date is current in DOF but USCIS disallows: You cannot do anything. meaning that the priority date must be current. Final Action Dates are used most commonly for filing applications for adjustment of status with the USCIS during the remainder of the year after the passing of the first months. what happens when final action date is current? #1. What is the final action date? - Immigration Planner While she was waiting, she obtained a masters degree in computer science. or i can file anytime after I come over to USA ? what happens when final action date is 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. . From project selection to the final green card, our experienced team assists and advises investors throughout the EB-5 process. Stilt is committed to helping immigrants build a better financial future. This is because the marriage green card is in a separate category called immediate family. Some lenders send a promissory note with your loan offer. Spray Foam Equipment and Chemicals. In this post, we will take a look at the final action date vs filing date and analyze their differences. 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. Also, this is the Category that is printed on the physical Green Card that is issued to the applicant. Can his current employer C do something or he has to go back to previous employer A? After which, your passport will be taken and then mailed back to you with a green card inside. what happens when final action date is current? They will also work with US consulates to schedule immigrant visa interview for these applicants based on the final action dates. Both routes can be advantageous based on your situation. Still Disadvantaged Even When Your Priority Date Becomes Current However, here is the general application process that most applicants will go through: 1. I hmy final action date is current and I had finger print processing in Jan 2021 and got my EAD. 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. How VisaNation Law Group Attorneys Can Help. These are the dates the National Visa Center (NVC) uses to notify green card applicants that they can start getting documentarily qualified. Every month, the Department of State releases a visa bulletin that contains charts with all of the green card categories and the countries that apply for them. 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. provided the dates are not moved backward.. Whats the prediction going forward at least for EB3 category? 2023 VisaNation, Inc. All Rights Reserved. For others, it could be risky, potentially causing them to lose the opportunity for a long time. USCIS Clarifies Age Determination & "Sought to - Meltzer Hellrung 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). Priority Date: Current, Retrogressed, or Doesn't Matter? While it is permissible to file the I-485 as soon as one's priority date becomes current, this is not a requirement. what happens when final action date is current?filipino ethnocentrism 5 examples Yes! -Current version of program (AFCP 2.0) available since 2013, now extended through September 30, 2016. Instead, you can contact the NVC and ask for the appropriate instructions. Berardi Immigration Laws award-winning immigration lawyers bring experience and knowledge to your immigration case with a personal touch. 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. Not only that, but they also receive the pending adjustment of status application number from the USCIS. . Why Is It Longer For Some Countries Than Others? In order to port your green card to the next level, you must not only obtain the qualifications for the new level, but you must also obtain a new job that requires your new qualifications. Refile EB2 i485 or Interfile After EB2 to EB3 Downgrade? - USA - AM22Tech Also, similarly one can file green card applications with USCIS without waiting. My Priority Date is Current, Am I Eligible for Additional H-1B What Country of Residence and How to Know Yours When on a Visa, How to Check Dropbox Eligibility with the App, Pending Adjustment of Status applicants count that the USCIS sends, Qualified Immigrant Visa Applicants count that the U.S. Consulates send, Historical counts of Abandonments, Denials, and withdrawals. Disclaimer: Website, software platform and administrative support are provided by VisaNation Inc., a Delaware corporation. Don't hold your breath. What Happens After I-485 Interview When The Priority Date Is Not Current? 2271-Final Action - United States Patent And Trademark Office 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. For example, July Visa Bulletin is most likely published between June 10 th and 15 th. 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. Things going very interesting for me too. With the July 2020 bulletin out, Im excited to see how India EB1 final action dates are progressing. 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.