You can use this space to go into a little more detail about your company. Individuals from those countries facing a Green Card backlog are required to wait years, if not decades, for the Visa Bulletin to inform that priority 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. When assessing this risk, it is necessary to consider the reason for the cutoff date advancement. Furthermore, the Visa Office tends to aggregate the high-level Categories numbers for reporting and prediction, including EB-1, F1, and F2A. They can also file applications for green cards with USCIS without having to wait. senior housing bloomfield, nj. https://www.uscis.gov/green-card/green-card-processes-and-procedures/child-status-protection-act-cspa, A doubt about the age calculation in CSPA. How long does it take for card approval after PD becomes current (EB1C By NJ80, January 30, 2012 in AOS & CP : General. So, Is my filing date Oct 2020 ?? Just keep waiting. What do the "Final Action Date" and "Dates for Filing Applications . 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 ? US Department of State introduced the concept of Final Action Dates and Dates for Filing only from October 2015 Visa Bulletin. My interview was complete in Oct 2018. You must log in or register to reply here. For a visa to be available, the applicant's priority date must be prior to the Final Action Date listed on the applicable section of the visa bulletin. Stilt is committed to helping immigrants build a better financial future. If case action was originally made with EB-2 number was available but the date retrogressed before the case could be adjusted, USCIS would request an EB-2 visa authorization. I-140 and I-485 - Klasko Immigration Law Partners, LLP what happens when final action date is current? The date is current in DOF and USCIS allows: You can file i485, i765, and i131. CANADA, 5 Kenley Road Lets review, what dates for filing mean for NVC, Consulates and USCIS. A physician who is subject to the J-1 two-year home return requirement generally has to delay the I-485 filing while s/he meets the terms of the waiver by working in an underserved area for three years. The priority date doesn't matter because there is no annual limit in your category. 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. We will look more details below, lets dive into the dates of filing and final action dates and how they move. what happens when final action date is current? If the advancement is an unusual circumstance (such as occurred in the summer of 2007), waiting may be risky, as retrogression is highly likely. You can check https://visagrader.com/uscis-processing-times/i-485-eb to know processing times history by location. 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. AC21 Job Change if Priority Date may Become Current Why is your priority date important? 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 ? One of my friend is on H1b Visa and have I-140 approved from previous employer A under Eb2 category. How Do I Know If USCIS Received My Application? First, when a fiscal year starts in October, Visa Office divides the total annual available Green Card numbers into monthly allotments. What happens when Final Action Date is current ? Suite 202 If this is your first visit, be sure to The National Visa Center (NVC) uses these dates to let green card applicants know that they can finally start getting qualified documentarily. Why do Dates for Filing and Final Action Dates fluctuate? 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. In this article, we will look at the differences and how the different dates thing works. "Final Action Dates" shows the dates when a number of immigrant visas will be available for foreign nationals who have a current priority date during that month. Would the person risk loosing out filing for GC forever ? Now I hear this rule applies to I-485 stage as well. 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). If you check any of the previous editions of Visa Bulletin like September 2015 Visa Bulletin, you would not find two charts or two dates listed. The case may be filed at a later time, as long as all requirements are met at the time of that later filing. Medallia. It is essentially like starting over from scratch. scripps institution of oceanography graduate programs; rosemont seneca advisors website This is the same case with current October 2020 Visa Bulletin as well. Speak with your immigration attorney to learn more. Let's say that the priority date of the applicant is the 1st of December, 2010 and that the final action date is the 22nd of December, 2010. USCIS informs public at www.uscis.gov/visabulletininfo on what dates to use for submitting adjustment of status applications. Emily has been quoted in Bloomberg Law, U.S. News & World Report, Inside Higher Ed, and The Times of India on various hot topics in immigration. 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. There will either be a "C" or a date in the box where your column meets your row. 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. Biometrics? I guess you've got no I-485 RFE ? Emily Neumann is Managing Partner at Reddy & Neumann, P.C. 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. Toronto, Ontario M5C 1C4 Final Action Dates and Dates for Filing are two different things, but what exactly are the differences between them? So, you will have to wait until the final action date matches or passes your priority date before you can . All rights reserved. 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. The priority dates moved!! Now what?? - Medium 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. We responded to the RFE in a month and Interview was scheduled in October. Thanks. The reports including the total number of immigrant visa applicants are sent to the Visa Office every month. 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. Those with questions regarding case timing and I-485 filings should seek advice from a knowledgeable and qualified immigration attorney. GUIDE to Travel to US with valid Visa on Expired Passport ? Provide any additional information if required. This can be a significant risk, particularly in a period of economic instability. If there are not enough applications to meet this numerical limit, the applicants will be asked to submit their adjustment of status applications using Dates for Filing. The good news is that many U.S. employers prefer premium processing, which will expedite the overall processing time. Indian EB-5 Final Action Date Current in July 2020 Visa Bulletin They usually look at their pending applicants count with them and forecast, if they have any shortage of applications. The reason is, most of the times USCIS receives enough number of applicants to fill the numerical limit of green cards for that year in the first one or two months, so they do not give option for early filing using Filing dates. Se (re)sentir chez soi; Des proches rassurs; Rester actif rester vivant; RSIDENCES SENIORS. 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. NVC will also notify the applicants that their application is Documentarily complete. 2023 Berardi Immigration Law. 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. 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. They are asked by the USCIS to use the Dates for Filing in the first months of that current fiscal year. Some lenders send a promissory note with your loan offer. Once the priority date becomes current the foreign national may apply for their physical green card. Not sure what a priority date means? You can choose an autopay method online to help you pay on time every month. 1. To make it easier for foreign nationals to track their place in line, U.S. However, there is a catch. We hope this post was helpful in this regard so you can have a smooth application process. Dates for Filing refers to the earliest dates that a green card applicant may apply for their green card. Instead, you can contact the NVC and ask for the appropriate instructions. You don't have to wait for the government to call you after you notice this. What do you think of the way ahead? Just passing by to tell that I finally understood the difference between these two, thank you so much!!! Thanks Nagesh. What happens to I-485 AoS if "date for filing" is current but "final Visa Bulletin (Priority Dates) - Adhikari Law PLLC If priority date becomes current within first 1-2 months of joining company , is that a lost opportunity . 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. 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. See what other people are asking and the advice they're getting. 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. Wells Fargo, Go to company page 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. They can't width draw if its more than 6 months old, @Oracle $$$$$ : lawyers suggest that it is expected that petitioner would file for 485 adjustment within a year of date becoming current . The visa bulletin is made up of four charts: Notably, the employment-based and family-based charts are separated by final action dates and dates for filing.. These issues should be discussed with an experienced, qualified immigration attorney, who can provide guidance in such matters. how long does it take to get the gc after priority date is C - Trackitt Conduct the adjustment of status interview; 2. No the office didn't say anything. This is called visa retrogression, which occurs when more people apply for a visa in a particular category . I have H4/L2 Kid under 21 years: In cases of H4 children, we strongly suggest filing a new EB2 i485 always. On that bulletin, people can see two types of dates: filing date charts and final action date charts. 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 we have a full background, lets look at each of the terms dates of filing and final action dates: The dates for filing application or simply dates for filing in Visa bulletin are the earliest dates when Green Card Applicants may be able to apply for green card or immigrant visa. My Priority Date is Current, Am I Eligible for Additional H-1B She is a member of the American Immigration Lawyers Association and Society for Human Resource Management. 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. People with this status are the ones that are reported to the Visa Office by the consulates for predictions for Visa numbers. I hope you have received your green card by now! 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. So what is a priority date? Which priority date is current? A green card cannot be issued unless the applicants priority date is earlier that the Final Action Date listed on the visa bulletin. what happens when final action date is current? 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. 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. 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. Basically, documentarily complete means that NVC has received all basic documents, fees and the applicant is ready to be interviewed when priority dates become current for that applicant. There's one twist to the Visa Bulletin. Hi. Your personal information is protected by our Privacy Policy. But what is the difference between them? Difference between Final Action Dates and Dates for Filing. Travel abroad is another common reason that individuals are not always able to file their I-485s immediately when the priority date becomes current. what happens when final action date is current? Lets review, what they mean for NVC, Consulates and USCIS. The priority dates that were used before introduction of two separate dates are nothing but the final action dates. 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'. 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. I am now waiting for the perm approval in my curret company. JavaScript is disabled. Here at VisaNation, we have helped countless people like yourself obtain their green cards. Can his current employer C do something or he has to go back to previous employer A? Since the Final Action Date was not current, we did not get an approval and the document the officer gave us said they were unable to make a decision at that time. Everyone from that specific country and category can file for their green card and enjoy quick processing. The information contained on this website is for general information purposes only and is not a substitute for legal advice and does not create an attorney-client relationship. There was only one chart and one date, which was just called priority date. Anxiety prevails among those about to file after waiting for years. Applicants require this information so they can file a Service Request if the Form I . In this post, we will take a look at the final action date vs filing date and analyze their differences. 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. This date shows what your priority level is according to the Department of State. Anyone knows how lawyers recommend handling this situation? [There is an exception to this under the American Competitiveness in the Twenty First Century Act (AC21). For others, it could be risky, potentially causing them to lose the opportunity for a long time. Retrogression FAQs | Loke Walsh Immigration Law This change only applies to office actions issued on . Now you need to set up your repayment method. Unless the priority date of the applicant is earlier than the visa bulletins listed Final Action Date, no green card can be issued. Many applicants want to file on the first day of the month in which their priority dates become current. #1. Difference Between Final Action Dates & Dates for Filing? So what should you do if youre looking at decades of waiting time for your priority date. Age at Time of Visa Availability Pending Time = CSPA Age Approval Date Filing Date = Pending Time. CEAC Website, Errors Info. Below are some of the common differences between final action dates and dates for filing applications. All Rights Reserved. USCIS allows green card applicants inside US to apply for adjustment of Status to get Green Card, when their priority date is current. File H1B Extension Before Priority Date Becomes Current USCIS Visa Bulletin Mar 2023 Employment Green Card Dates - USA - AM22Tech While it is permissible to file the I-485 as soon as one's priority date becomes current, this is not a requirement. 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). Disclaimer: Website, software platform and administrative support are provided by VisaNation Inc., a Delaware corporation. 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). 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. Save my name, email, and website in this browser for the next time I comment. Also, Visa Bulletins after the first few months of the USCIS fiscal year will tell everyone to use final action dates. 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. what happens when final action date is current? Termination of Employment and Green Card Application STEP 2: Once the petition is approved an immigrant visa number is assigned to you. 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. This behavior seems to be common. Youll have to compare your priority date to the final action dates that are posted in the visa bulletin. Filing Date vs Final Action Dates: Visa Bulletin? Guide - RedBus2US 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). Parafia pw. The process of prediction is pretty complicated. Is there a separate paper work to let USCIS know that you still have intent to file for PR as soon as ur PERM is approved ? 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. Legal services are subject to a separate attorney agreement between VisaNation Law Group PLLC (formerly SGM Law Group PLLC) and you. Adjustment of Status And Visa Retrogression | myattorneyusa If your filing date was current for 3+ years , you would have filed for AOS already right ? Interesting. There is also a risk of retrogression. However, that requires that the I-485 remain pending for at least 180 days. This date will be printed on your notice of receipt from the USCIS and should be noted as one of the most important dates concerning your green card processing time. In fact, if you petitioned for a family-based or employment-based green card, you most certainly have a priority date. Could be a few days to several months. Generally, the dates are 8 to 12 months before the expected Final Action Dates. The applicants with status of Documentary complete are the ones that consulates report to Visa Office for Visa number predictions. 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! That's a wealth of information. My filing date is current for 3+ years now. An individual in this situation would need to file an adjustment of status and use the employment authorization (EAD) card received based on that application in order to continue to work. Thank you indian_ocean. 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. These are the dates the National Visa Center (NVC) uses to notify green card applicants that they can start getting documentarily qualified. Thanks. Opinion only. 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. 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. 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. 1. Watch this thread Start a new thread Add a post. When your final action date becomes current, you would see "Current" or "C" in the Visa Bulletin. Also, it doesnt provide any priority dates under the sub-categories level. How Do I Speak to a Live Person at USCIS? USCIS is supposed to also enforce it, but I've never heard of a case where it happened. tui salary cabin crew. For a better experience, please enable JavaScript in your browser before proceeding. How to File I-140 & I-485 To Speed Up The Green Card Process | AllLaw 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. Also, the NVC will tell applicants that their application is Documentarily complete. 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. Once NVC receives all the documents in step 9 and they will mark them as Documentarily Complete. Visa Bulletin For August 2022 - United States Department Of State 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 . 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. As such, people who are stuck in the backlog have the opportunity to apply for work authorization and get it much sooner. A priority date determines a person's position in line for an immigrant visa. That is when the priority date is said to be current: During h1b transfer, the lawyer of the new company said my h1b could be denied because of this rule. Is it possible to continue to extend the H-1B? Could any gurus explain me what's going on. This is a great space to write long text about your company and your services. October 2021 Visa Bulletin Insight: Retrogression Likely For Some More information on this topic can be found on MurthyDotCom in our NewsBrief, I-485 Approvals Possible: Impact on Spouses / Children without Filed I-485s (22.Apr.2011). Refile EB2 i485 or Interfile After EB2 to EB3 Downgrade? - USA - AM22Tech I485 applied, what happens if dates retrogress? Maybe I am just unlucky and you may have better luck. NVC does not process I-485s. 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. There's no way to know exactly when, so . See below screenshot from USCIS Visa Bulletin filings charts webpage, where they ask applicants what date to use in a particular month. 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. If the final action date reads June 8, 2014, then everyone who has a priority date of June 8, 2014 or older will have green card numbers issued to them that month. what happens when final action date is current? Lets get started! Microsoft, Go to company page Priority Date Finally Current! How Soon Should I-485 be Filed? In handling applications for adjustment of status where immigrant visa numbers have regressed, U.S.