what happens when final action date is current?

The determination of the actual monthly final action dates is subject to fluctuations in applicant demand and a number of other variables impacting processing. Your use of this website and our software platform are subject to VisaNation Inc.'s privacy policy and terms of use. USCIS in preparation for next fiscal year (starts from October 1st) will forecast how many applications they would need to meet the Green Card numerical limits by end of the fiscal year (September of next year). However, covid has brought special circumstances and filling and final action dates are moving fast for India. Not affiliated with any government agency. 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. Also, the NVC will tell applicants that their application is Documentarily complete. There's no way to know exactly when, so . Thanks Nagesh. Thus, delaying the I-485 means being tied to the particular employment for a longer duration. Thanks. 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 what makes the date so important. Heavily-populated countries such as China or India usually exceed the annual limit on green cards across several different categories, causing backlogs to build and dates to retrogress. 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. 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. 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). 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. If you see below chart of Immigrant Visa Process, the steps from Step 2 to Step 9 are done by NVC for applicants who are applying for Green Card (immigrant visa) from outside of US. The length of time could be significant. 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. To get in touch with our office, you can fill out this contact form and schedule a consultation with us today. At a Glance: The entire Form I-485 process typically takes 8 to 14 months from the time of filing but there are key steps along the way that you should be aware of. Thanks. During h1b transfer, the lawyer of the new company said my h1b could be denied because of this rule. Save my name, email, and website in this browser for the next time I comment. No names are reported, but only the counts of applicants with that status at a consulate or embassy are reported. Not sure which I-485s are processed by NVC, do they do only consular processing or regular processing too? The case may be filed at a later time, as long as all requirements are met at the time of that later filing. Is it because of the visa bank and interviews not being scheduled? PD Date is current in DOF but USCIS disallows: You cannot do anything. 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. 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. -One-page form (PTO/SB/434) filed with After . The Form I-485 processing time is long, and the wait can be difficult. 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. I filed an SR online recently and got this response (in case anyone else is thinking of doing the same): What is a normal processing times from USCIS standpoint. I hope this is not . Start new topic. Citizenship and Immigration Services local field offices are required to undertake the following steps: 1. Would the person risk loosing out filing for GC forever ? 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. 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 . Background for Dates for Filing & Final Action Dates. The National Visa Center (NVC), which processes the green card applications for consular processing petitions, will inform the green card applicants when their priority dates become current based on the Final Action Dates in Visa Bulletin. 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 #2 Final Action Date Chart. Depending on the month of the year and movement of priority dates, USCIS suggests which charts to use for filing adjustment of status. Not yet. As you read from above, there are many factors considered for prediction of the green card applications required to meet the numerical limit. I would like to know if I really need to have an attorney by my side to help in this process or I can do it myself ? Your child gets CSPA protection only if the date got current in the Final action chart. Below are the things that you can do depending on your situation. In this post, we will take a look at the final action date vs filing date and analyze their differences. 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. what happens when final action date is current? Specialty Occupations (H-1B and H-1B1 Visas), Treaty Traders or Investors or Australian Professionals (E Visas), Temporary and Seasonal Workers (H-2A and H-2B), EB-1B Outstanding Professors and Researchers, EB-1C Multinational Managers and Executives, Physical Therapist or Registered Nurse (Schedule A), EB-3 Professional, Skilled Worker, Other Worker, Litigation, Notice of Intent to Deny, Notice of Intent to Revoke, Request for Evidence. But, what happens when the immigrant visa finally becomes available and the priority date is current? 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. 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. In reality, your employer will need to file an completely new petition, fees, and obtain a new PERM Labor Certification on your behalf. How Do I Speak to a Live Person at USCIS? So, you will have to wait until the final action date matches or passes your priority date before you can . As such, people who are stuck in the backlog have the opportunity to apply for work authorization and get it much sooner. Also, with two dates, US Dept of State would be able to more accurately predict the demand and supply of Green Card numbers. I am now waiting for the perm approval in my curret company. 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. It may be many years before her priority date is current. 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. NVC will also notify the applicants that their application is Documentarily complete. how long does it take to get the gc after priority date is C. Like this thread 0 0. Your green card can only be approved if the PD date is current in the Final action chart. The "Final Action Dates" indicate the dates an immigrant visa number will be available for a foreign national with a current priority date that month. 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. 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). All times are GMT-5. . 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'. I guess you've got no I-485 RFE ? If you are terminated while both the I-140 and I-485 are pending with USCIS AND employer withdraws I-140 petition. If priority date becomes current within first 1-2 months of joining company , is that a lost opportunity . First Notice of Action (NOA): 1 to 5 weeks. 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. Any exceptions for a certain month will be mentioned in the Visa Bulletin and specified to use filing dates. If too many people from a single country petition for the same green card in one year, a backlog will build up, and the DOS will process petitions in order of their priority dates. Can his current employer C do something or he has to go back to previous employer A? Having to wait for a green card priority date to be current can be difficult, and you may want to see what your options are when it comes to shortening this waiting time. What happens when an applicant has an EB-2 case pending but subsequently moves to EB-3 for a more advantageous final action date? You can find your priority date on the I-797 form mailed by USCIS approving your I-130 petition. No matter who you speak to along the immigration journey, one topic looms darkly over the conversation: priority dates. It is helpful knowing it is not necessary to file the I-485 case as soon as the priority date becomes current. Anyone knows how lawyers recommend handling this situation? Therefore, while family- and employment-based green cards are often not immediately available, green cards for immediate relatives do not require you to wait for your priority date to be current. that are used for detailed allocation. When can you Apply for H1B Visa Stamping after Petition Approval? Also, they will help schedule interviews for immigrant visas based on the final action dates by working with the U.S. consulates. When your final action date becomes current, you would see "Current" or "C" in the Visa Bulletin. Confirm all security and background checks are completed; 3. Speak with your immigration attorney to see if green card porting is appropriate for your case. Provide any additional information if required. The dates of filing may also be used by USCIS asking Green Card applicants in US to submit applications for Adjustment of Status. They usually look at their pending applicants count with them and forecast, if they have any shortage of applications. She is a member of the American Immigration Lawyers Association and Society for Human Resource Management. 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). I-485 Issues Common to All Services Centers, Visa Bulletin and Priority Dates Retrogression Iss. Once the priority date becomes current the foreign national may apply for their physical green card. Our attorney said that if the priority date was not current they usually do that. The applicants with status of Documentary complete are the ones that consulates report to Visa Office for Visa number predictions. There was only one chart and one date, which was just called priority date. Now I hear this rule applies to I-485 stage as well. check out the. provided the dates are not moved backward.. Whats the prediction going forward at least for EB3 category? This can be a significant risk, particularly in a period of economic instability. USCIS allows green card applicants inside US to apply for adjustment of Status to get Green Card, when their priority date is current. My filing date is current for 3+ years now. meaning that the priority date must be current. If Manuel had checked the Bulletin for February of 2023 . senior housing bloomfield, nj. Hire Us. This is called visa retrogression, which occurs when more people apply for a visa in a particular category . 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! This is an important date because once the immigrant visa number is available, the foreign nationals physical green card can be issued. If this is your first visit, be sure to This is not to be confused with a change of status or a transfer of status, which are different processes entirely. In order to be eligible to file an H-1B extension beyond the six-year limit after your priority date (Final Action Date) becomes current, 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. Final Action Dates: Final action dates are determined by your Green Card category and chargeability area which is your country of origin. End of Sentence for Entering Canada with a Criminal Record? Based on current USCIS processing times, an initial application for an H-4 EAD can take up to 8.5 months to be issued. 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.. The final action date for an oversubscribed category is the priority date of the first applicant who could not be reached within the numerical limits. This bulletin reveals how many green cards are available for each category and also shows priority dates. 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. USCIS approves the petition, thus making February 1, 2023 Manuel's Priority Date. On the Stilt Blog, I write about the complex topics like finance, immigration, and technology to help immigrants make the most of their lives in the U.S. Our content and brand have been featured in Forbes, TechCrunch, VentureBeat, and more. 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 . Moreover, the job offer must generally continue to exist throughout the life of the case, and it is expected that the foreign national will continue to work in the sponsored employment for a reasonable period following approval of the I-485. Learn More, The Murthy Law Firm can conveniently and efficiently consult and/or represent clients located anywhere in the United States or abroad on U.S. immigration matters. So, you will have to wait until the final action date matches or passes your priority date before you can receive a green card number. These dates are typically eight to 12 months prior to the expected Final Action Dates and allow applicants to submit their application for permanent residence and relevant documents before it is time for the government to approve it. 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 . 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. If a person does not file in December 2011, therefore, even though s/he could do so, the opportunity is not necessarily lost. 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 . Also, similarly one can file green card applications with USCIS without waiting. Keep this data handy in case you need to compare it to the dates in this bulletin. 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. Basically, October is when the fiscal year starts, and that is also when the number of total annual available Green Card numbers are divided by the Visa Office into monthly allotments. 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. I-485 application. 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. While it is permissible to file the I-485 as soon as ones priority date becomes current, this is not a requirement. Is it possible to continue to extend the H-1B? Residence senior - Niort 79; Residence senior - Rochefort 17 . Lets review, what dates for filing mean for NVC, Consulates and USCIS. sell my timeshare now phone number what happens when final action date is current? Did the officer told you that the only reason not to approve was your PD not being current? Adjusting status to a lawful permanent resident of the United States is a big step! I have read a couple of posts from people that said that took up to 3 months after PD became current.