what happens when final action date is current?

immihelp.com is private non-lawyer web site. Spray Foam Equipment and Chemicals. As such, people who are stuck in the backlog have the opportunity to apply for work authorization and get it much sooner. Save my name, email, and website in this browser for the next time I comment. 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. You must log in or register to reply here. However, here is the general application process that most applicants will go through: 1. 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. 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. If the job offer is lost or the business shuts down prior to the I-485 filing, the case will end. Meanwhile, Final Action Dates show when there are actual available green card numbers for a certain category and country. RedBus2US.com 2010 - 2023, All Rights Reserved. As long as the priority date remains current, the case can be filed, in this example, in January or February 2012 or a later time. How do I find out the status? But what is the difference between them? 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. mcgilley state line obituaries. Add your thoughts in comments below. Also, with two dates, US Dept of State would be able to more accurately predict the demand and supply of Green Card numbers. Legal services are provided by VisaNation Law Group PLLC, a Florida professional limited liability company. you'll need to file your I-485 application for adjustment of . what happens when final action date is current? 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. 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. Unfortunately there is way to tell how long it will take. You can think these dates as if your position in queue has reached the end and you are ready to get the green card. Most people that petition for a green card have a priority date. There are, however, overall risks in waiting for greatly extended periods of time, as explained below. It would then be held until the final . Hi , there has not been any movement in the Final action dates for F4 category in October and November. provided the dates are not moved backward.. Whats the prediction going forward at least for EB3 category? Thus, delaying the I-485 means being tied to the particular employment for a longer duration. I hmy final action date is current and I had finger print processing in Jan 2021 and got my EAD. Altho all cases are different. Even though the H-1B worker was able to extend the H-1B in three-year increments based upon the approved I-140 under AC21 Section 104(c), the worker will not be able to extend under 106(b) where the labor certification was filed after the worker began his or her sixth year of H-1B time. So what should you do if youre looking at decades of waiting time for your priority date. We have to wait and watch. 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. GUIDE to Travel to US with valid Visa on Expired Passport ? From project selection to the final green card, our experienced team assists and advises investors throughout the EB-5 process. A green card cannot be issued unless the applicants priority date is earlier that the Final Action Date listed on the visa bulletin. 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. 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. Could be a few days to several months. Maybe I am just unlucky and you may have better luck. Someone usually must file an immigrant petition for you (often referred to as. Final Action Dates and Dates for Filing are two different things, but what exactly are the differences between them? 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. Furthermore, the Visa Office tends to aggregate the high-level Categories numbers for reporting and prediction, including EB-1, F1, and F2A. . Start new topic. 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 case may be filed at a later time, as long as all requirements are met at the time of that later filing. Just passing by to tell that I finally understood the difference between these two, thank you so much!!! 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. 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. 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). 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. what happens when final action date is current? Lets look at them. 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). These issues should be discussed with an experienced, qualified immigration attorney, who can provide guidance in such matters. @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 ? what happens when final action date is current? For example, below is what was used in October 2020, where it says to use Dates for Filing. 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). 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. However, that requires that the I-485 remain pending for at least 180 days. 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. Watch this thread Start a new thread Add a post. 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. Those with questions regarding case timing and I-485 filings should seek advice from a knowledgeable and qualified immigration attorney. "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. Why they move back and forth and how it impacts the priority dates. I-485 Issues Common to All Services Centers, Visa Bulletin and Priority Dates Retrogression Iss. 2023 Murthy Law Firm. First Notice of Action (NOA): 1 to 5 weeks. What is Dates for Filing in Visa Bulletin? #workvisa #greencard #ead #485, Go to company page This is a great space to write long text about your company and your services. The reports including the total number of immigrant visa applicants are sent to the Visa Office every month. B1/B2, H1, F1? You do not have a priority date set. Your child gets CSPA protection only if the date got current in the Final action chart. Could any gurus explain me what's going on. Don't hold your breath. PD Date is current in DOF but USCIS disallows: You cannot do anything. Keep this data handy in case you need to compare it to the dates in this bulletin. Your use of this website and our software platform are subject to VisaNation Inc.'s privacy policy and terms of use. If the advancement is an unusual circumstance (such as occurred in the summer of 2007), waiting may be risky, as retrogression is highly likely. Difference Between Final Action Dates & Dates for Filing? tula tungkol sa magsasaka at mangingisda; 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. 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. 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. 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. Apply online for the loan amount you need. In reality, your employer will need to file an completely new petition, fees, and obtain a new PERM Labor Certification on your behalf. No matter who you speak to along the immigration journey, one topic looms darkly over the conversation: priority dates. Najwitszej Maryi Panny Krlowej Polski > Bez kategorii > what happens when final action date is current? dave chappelle: the closer vinyl. Copyright 1999-document.querySelector("#footer-year").innerHTML=new Date().getFullYear(); immihelp.com. That's a wealth of information. 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. 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. 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. Any exceptions for a certain month will be mentioned in the Visa Bulletin and specified to use filing dates. 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. 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 ? 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. At this stage priority date between oct01-mar02 does not matter. 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. 2271 Final Action [R-07.2015] Before a final action is in order, a clear issue should be developed between the examiner and the patent owner. 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 ? When can you Apply for H1B Visa Stamping after Petition Approval? Lets get started! I was kinda excited today when I saw LUD but disappointed after seeing the same finger print messages. here the Filing date, Is this the date of i-485 filing? Why is your priority date important? On the other hand, when cutoff dates are moving forward routinely, there is less likelihood of significant and extended retrogression. 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. Usually, you see USCIS ask applicants to use Dates for Filing in the beginning months of the Fiscal year start (October, November). Because the expiration date of the EAD will be tied to the . Green card reporting is taken care of by the Visa Office (VO) part of the U.S. Department of State (DOS).