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This is an important date because once the immigrant visa number is available, the foreign nationals physical green card can be issued. What do you think of the dates for filing and final action dates movement? Final action dates are the dates that are most commonly used by applications for filing adjustment of status applications with USCIS during rest of the year after first few months. Not only that, but they also receive the pending adjustment of status application number from the USCIS. 2. The Department of State has an annual limit on the number of green cards it distributes to any country from any category (e.g. 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 . Legal services are subject to a separate attorney agreement between VisaNation Law Group PLLC (formerly SGM Law Group PLLC) and you. So what should you do if youre looking at decades of waiting time for your priority date. NVC will also notify the applicants that their application is Documentarily complete. 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. Save my name, email, and website in this browser for the next time I comment. The Visa Office (VO) that is part of US Department of State (DOS) handles the green card numbers reporting and prediction. Why do I get AOS interview before PD is current? 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 . contact our office to schedule a consultation. that are used for detailed allocation. Sign and return that note if you wish to accept the loan offer. 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. with 15 years of experience practicing US immigration law providing services to U.S. businesses and multinational corporations. Historical counts of Denials, Abandonments and withdrawals. Well, if you are getting an employment-based green card, you may have heard of having the option to port your green card from one preference level to the next. With that, the Indian final action date is finally current, although it's unclear how long-lived this status will be. But for your easy understanding, we have tried to simplify it as below. 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. USCIS Clarifies Age Determination & "Sought to - Meltzer Hellrung 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. 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. This is not to be confused with a change of status or a transfer of status, which are different processes entirely. Assuming you do not have an I-485 pending from your EB3 case, AC21 portability is not really a factor (i.e. When will the National Benefits Center begin reporting Form I-485 processing times? If your green card priority date has matched or passed the final action date given in your category for your country on the visa bulletin (or if your category has a C on it instead of a date), then there are two routes that may be available to you depending on your situation. There's one twist to the Visa Bulletin. This is called visa retrogression, which occurs when more people apply for a visa in a particular category . 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. Those who are outside of the U.S. when their priority dates become current may have to wait until they return to the U.S., usually in a dual intent status, such as an H or L. Added to the more common travel and marriage reasons to delay filing I-485s are a host of other scenarios. How long does it take for card approval after PD becomes current (EB1C May 2022 Visa Bulletin Predictions - Path2USA How long does it take to get green card after becoming 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 if the labor certification was filed less than 365 days before the six year limit was reached and the priority date is now current? Thanks. 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. When to Apply for Adjustment of Status When You're on a Wait List - Nolo We hope this post was helpful in this regard so you can have a smooth application process. I have filed the I-485 during Oct 2020 ( based on the Filing date chart in Oct 2020 Visa Bulletin). There is no actual time limit governing how long a person could wait to move forward with an I-485 filing. With the July 2020 bulletin out, Im excited to see how India EB1 final action dates are progressing. It has Dates for Filing charts and Final Action Dates charts. Immediate relatives include: Immigrant visas for immediate relatives of U.S. citizens are unlimited, so they are always available.. USCIS allows green card applicants inside US to apply for adjustment of Status to get Green Card, when their priority date is current. Note that, while your priority date is set and does not move, the final action dates change from month to month. 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. Green card applicants will be informed by the NVC when they will get current priority dates based on the Visa Bulletins Final Action Dates. Once your date becomes current USCIS will take all the I-485 that became current (from oct01-mar02) and then they will start processing based on the 485 receipt date. Applicants in that category and from that country can file the green card and will be processed immediately. Applicants require this information so they can file a Service Request if the Form I . Lets take a look at the example again: Martha applied for an EB-3 as a software developer. 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. Spray Foam Equipment and Chemicals. Final Action Dates or Application Final Action Dates refer to the dates when the green card numbers will be available for a particular country and category. They usually look at their pending applicants count with them and forecast, if they have any shortage of applications. Visa Retrogression, or Why Your Priority Date Is No Longer Current It may be helpful to document the steps the new employer has taken to file a labor certification on behalf of the employee. 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. Adjusting status to a lawful permanent resident of the United States is a big step! 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. Not yet. One of my friend is on H1b Visa and have I-140 approved from previous employer A under Eb2 category. You can use this space to go into a little more detail about your company. I-140 petitions do not expire. October 2021 Visa Bulletin Insight: Retrogression Likely For Some Then it's time to move forward with the process of getting your immigrant visa or green card. January 30, 2012. 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 what happens when final action date is current? meaning that the priority date must be current. 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. This is essentially where the DOS is when it comes to processing petitions. In employment-based green card cases, the entire basis for a case is the employers job offer. Your green card can only be approved if the PD date is current in the Final action chart. I have H4/L2 Kid under 21 years: In cases of H4 children, we strongly suggest filing a new EB2 i485 always. The applicants with status of Documentary complete are the ones that consulates report to Visa Office for Visa number predictions. AC21 Job Change if Priority Date may Become Current This is a process by which you can adjust your status from nonimmigrant to immigrant. Final Action Date vs Filing Date - Things You Should Know - Stilt Blog It may not display this or other websites correctly. Among these is one important series of questions concerning when one must file the adjustment of status (I-485) application. USCIS processes all I-485s. Speak with your immigration attorney to see if green card porting is appropriate for your case. 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. Posted by userkv (15) 4 minutes ago. 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. Green Card Priority Dates: What To Expect | The Complete Guide - VisaNation 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. Usually, Dates for Filing are used during the fiscal years first few months, such as October and November. Is it because of the visa bank and interviews not being scheduled? Final Action Dates: Final action dates are determined by your Green Card category and chargeability area which is your country of origin. Start new topic. What happens when Final Action Date is current ? You are using an out of date browser. If the advancement is an unusual circumstance (such as occurred in the summer of 2007), waiting may be risky, as retrogression is highly likely. Youll have to compare your priority date to the final action dates that are posted in the visa bulletin. Instead, you can contact the NVC and ask for the appropriate instructions. what happens when final action date is current? 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. 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. The case may be filed at a later time, as long as all requirements are met at the time of that later filing. There will either be a "C" or a date in the box where your column meets your row. 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. If USCIS determines there are more immigrant visas available for a fiscal year than there are known applicants for such visas, it will allow foreign nationals to use theDates for Filing 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. Legal services are provided by VisaNation Law Group PLLC, a Florida professional limited liability company. You must log in or register to reply here. When can you Apply for H1B Visa Stamping after Petition Approval? If a person does not file in December 2011, therefore, even though s/he could do so, the opportunity is not necessarily lost. Typically, an applicant receives their green card from USCIS 1 to 4 weeks after approval of the adjustment of status, which is step 4 in the AOS timeline below: Make Progress Today. The Interview was in December. USCIS is supposed to also enforce it, but I've never heard of a case where it happened. Salesforce, Go to company page The above final action date projections for the Family and Employment categories indicate what is likely to happen on a monthly basis through January. For others, it could be risky, potentially causing them to lose the opportunity for a long time. When your final action date becomes current, you would see "Current" or "C" in the Visa Bulletin.
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