THIS is the Form I-485 processing time at USCIS [2022] - Stilt Blog I have H4/L2 Kid under 21 years: In cases of H4 children, we strongly suggest filing a new EB2 i485 always. This behavior seems to be common. Start new topic. Age at Time of Visa Availability Pending Time = CSPA Age Approval Date Filing Date = Pending Time. Lets get started! When my father died in 2013, I reported to my lawyer and I dont know now what the lawyer did. 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? January 30, 2012. Meanwhile, Final Action Dates show when there are actual available green card numbers for a certain category and country. This will help you better understand how the Dates for Filing and Final Action Dates movement in next sections. This change only applies to office actions issued on . B1/B2, H1, F1? One other question, Do we have to take the medicals again because of the delay in final action dates, even after it was submitted (and accepted without RFE) before the completion of USCIS interview. Also, with two dates, US Dept of State would be able to more accurately predict the demand and supply of Green Card numbers. So, you will have to wait until the final action date matches or passes your priority date before you can . So, Is my filing date Oct 2020 ?? Provide any additional information if required. what happens when final action date is current? How Do I Know Which USCIS Service Center? Learn what others are saying about us on Google, Yelp, and Facebook or visit us at https://www.stilt.com. The USCIS may also use the dates of filing to ask green card applicants in the U.S. to submit their Adjustment of Status applications. Lets look at them. 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. This is essentially where the DOS is when it comes to processing petitions. There was only one chart and one date, which was just called priority date. The above final action date projections for the Family and Employment categories indicate what is likely to happen on a monthly basis through January. GUIDE to Travel to US with valid Visa on Expired Passport ? They will also work with US consulates to schedule immigrant visa interview for these applicants based on the final action dates. PD Date is current in DOF but USCIS disallows: You cannot do anything. This is not due to any prejudice on the part of the Department of State. 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. 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. If the current H-1B expires before the EAD card is received, the individual will no longer be authorized to work until the EAD card is received. 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. 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. how long does it take to get the gc after priority date is C. Like this thread 0 0. Most likely, once your RFE is responded by you, then as soon as ur date becomes current in table, you should see 485 approved and GC delivered in same month when final action date is current. The Visa Bulletin is released by the U.S. Department of State. 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. This is where the DOS Visa Bulletin comes into the picture. October 2021 Visa Bulletin Insight: Retrogression Likely For Some Thanks. The 1 year rule usually is only enforced if the I-140 is under NVC jurisdiction. 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. I485 applied, what happens if dates retrogress? Could any gurus explain me what's going on. As such, people who are stuck in the backlog have the opportunity to apply for work authorization and get it much sooner. The final action dates or application final action dates are the dates when the actual green card numbers are available for that category & country of birth, so that the final Green Cards or immigrant visas can be issued. 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. Ruchi, There is no shortcut, he has to get the PERM done with C. Can you also analyze the proposed changes related to Duration of Status for F1 visa Particularly its impact on OPT and STEM OPT extensions https://www.insidehighered.com/news/2020/09/25/trump-administration-proposes-major-overhaul-student-visa-rules. In order to port her EB-3 status to EB-2, she will need to either be promoted to a higher position that requires her masters degree or she will need to find a new job that requires the degree. From project selection to the final green card, our experienced team assists and advises investors throughout the EB-5 process. It will all be based on the: The priority dates will keep changing depending on how the numbers of the three counts listed above vary. US Department of State introduced the concept of Final Action Dates and Dates for Filing only from October 2015 Visa Bulletin. Also, Visa Bulletins after the first few months of the USCIS fiscal year will tell everyone to use final action dates. Delaying ones filing can also delay eligibility for promotions and job changes. 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. Unfortunately, if you previously filed your I-485 adjustment of status application but your priority date has retrogressed and is no longer current, the U.S. 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 . Visa Availability and Priority Dates | USCIS By NJ80, January 30, 2012 in AOS & CP : General. what happens when final action date is current? First Notice of Action (NOA): 1 to 5 weeks. How Do I Know If USCIS Received My Application? 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. 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. For one, it is not porting in the sense that all of your forms and information will simply be transferred to another green card preference level. 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. Also, they get the number of pending applications of adjustment of status from USCIS. Then it's time to move forward with the process of getting your immigrant visa or green card. 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. Berardi Immigration Laws award-winning immigration lawyers bring experience and knowledge to your immigration case with a personal touch. Unfortunately It's in Uscis hands. The USCIS also forecasts the number of applications for green cards they need to meet the numerical limits at the end of the fiscal year. 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. Not sure what a priority date means? USCIS is supposed to also enforce it, but I've never heard of a case where it happened. 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. with 15 years of experience practicing US immigration law providing services to U.S. businesses and multinational corporations. #2 Final Action Date Chart. For example, below is what was used in October 2020, where it says to use Dates for Filing. It has two charts: "Final Action Dates for Employment-Based Preference Cases" and "Dates for Filing of Employment-Based Visa Applications." That is when the priority date is said to be current: As you read from above, there are many factors considered for prediction of the green card applications required to meet the numerical limit. 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 However, here is the general application process that most applicants will go through: 1. Many applicants want to file on the first day of the month in which their priority dates become current. You must wait until your priority date is current with the final action dates posted by the Department of Homeland Security. Your personal information is protected by our Privacy Policy. There's one twist to the Visa Bulletin. Countries that submit fewer petitions than the limit will see their final action dates move forward. 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. 2. 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? Apply online for the loan amount you need. 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. Disclaimer: Website, software platform and administrative support are provided by VisaNation Inc., a Delaware corporation. File H1B Extension Before Priority Date Becomes Current 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). I am in the same boat as you are. Your I-485 (green card application) will be denied. My filing date is current for 3+ years now. Your name check needs be cleared by the time they take your I-485 file. I guess you've got no I-485 RFE ? If there are any exceptions for any month, they will specify them at www.uscis.gov/visabulletininfo to use filing dates. Concurrently, these reports are obtained from the U.S. consulates and Embassies from all over the world. According to the regulations revised in 2017, an H-1B worker is generally ineligible for continued extensions beyond the six year limit if he or she is the beneficiary of an approved I-140 immigrant petition and fails to file an adjustment of status application within 1 year of an immigrant visa being authorized for issuance based on his or her preference category and country of chargeability. Green Card Wait Time - Check Priority Date - Mygcvisa Add your thoughts in comments below. Anyone waiting to receive an employment-based or family-based green card is likely already familiar with the visa bulletin. Submit the required documentation and provide your best possible application. 2271-Final Action - United States Patent And Trademark Office sell my timeshare now phone number what happens when final action date is current? mcgilley state line obituaries. Visa Bulletin - Everything U.S. Visa Applicants Need to Know - Kozycki Law It has Dates for Filing charts and Final Action Dates charts. how long does it take to get the gc after priority date is C - Trackitt Any idea how long it takes to get gree card interview with current covid situation my Attorney says it takes 12 months any body did receive recently green card please share. 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. Green Card Priority Dates: What To Expect | The Complete Guide - VisaNation Green card applicants will be informed by the NVC when they will get current priority dates based on the Visa Bulletins Final Action Dates. If it becomes necessary during the monthly allocation process to retrogress a final action date, supplemental requests for numbers will be honored only if the priority date falls within the new . Green card reporting is taken care of by the Visa Office (VO) part of the U.S. Department of State (DOS). A few differences can be seen between the Dates for Filing and Final Action Dates. USCIS Visa Bulletin Mar 2023 Employment Green Card Dates - USA - AM22Tech Any exceptions for a certain month will be mentioned in the Visa Bulletin and specified to use filing dates. Citadel Securities, Go to company page Unfortunately, there is no ability to extend an H-1B that is already beyond the six-year limit any further. When to Apply for Adjustment of Status When You're on a Wait List - Nolo I hope you have received your green card by now! What is Dates for Filing in Visa Bulletin? Retrogress? what happens when final action date is current? The good news is that many U.S. employers prefer premium processing, which will expedite the overall processing time. With the July 2020 bulletin out, Im excited to see how India EB1 final action dates are progressing. 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. 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. 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. When can you Apply for H1B Visa Stamping after Petition Approval? While it is permissible to file the I-485 as soon as ones priority date becomes current, this is not a requirement. tula tungkol sa magsasaka at mangingisda; If your priority date is on or before the cutoff date . @gNsj26 : are you saying that because u switched jobs your new perm is in process for over a year and then you will file 485 now ? senior housing bloomfield, nj. Therefore, you will have to wait until they have processed all of the petitions that were submitted prior to yours before your petition will be processed. On the other hand, when cutoff dates are moving forward routinely, there is less likelihood of significant and extended retrogression. You can find your priority date on the I-797 form mailed by USCIS approving your I-130 petition. 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. This is what makes the date so important. I-485 application. No the office didn't say anything. See below screenshot from USCIS Visa Bulletin filings charts webpage, where they ask applicants what date to use in a particular month. Wells Fargo, Go to company page what happens when final action date is current? Six conference tournaments will be in action Friday as the weekend arrives and we get closer to seeing the first automatic bids to the NCAA Tournament secured. The above final action date projections for the Family and Employment categories indicate what is likely to happen on a monthly basis through May. However, covid has brought special circumstances and filling and final action dates are moving fast for India. In this post, we will take a look at the final action date vs filing date and analyze their differences. 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 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. Adjusting status to a lawful permanent resident of the United States is a big step! 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 . When marriage plans are uncertain, it is not uncommon to defer the I-485 filing. here the Filing date, Is this the date of i-485 filing? 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. his priority date is Nov 2014. I485 applied, what happens if dates retrogress? - Murthy Law Firm 2023 Berardi Immigration Law. I have read a couple of posts from people that said that took up to 3 months after PD became current. 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. Visa Bulletin For February 2021 - United States Department Of State Qualified Immigrant Visa Applicants count received from US Consulates, Pending Adjustment of Status applicants count received from USCIS. 2023 Murthy Law Firm. 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. Filing Date vs Final Action Dates: Visa Bulletin? So what is a priority date? Assuming you do not have an I-485 pending from your EB3 case, AC21 portability is not really a factor (i.e. Because the expiration date of the EAD will be tied to the . he doesnt have I140 approved from current employer C yet. 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! During h1b transfer, the lawyer of the new company said my h1b could be denied because of this rule. The Department of State has an annual limit on the number of green cards it distributes to any country from any category (e.g. What do you think of the dates for filing and final action dates movement? Things going very interesting for me too. 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. This is an important date because once the immigrant visa number is available, the foreign nationals physical green card can be issued. If the advancement is an unusual circumstance (such as occurred in the summer of 2007), waiting may be risky, as retrogression is highly likely. At this stage priority date between oct01-mar02 does not matter. but, they will 'hold off' on issuing an approval until it becomes current. Also, it doesnt provide any priority dates under the sub-categories level.