By NJ80, January 30, 2012 in AOS & CP : General. what happens when final action date is current? Still Disadvantaged Even When Your Priority Date Becomes Current 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 The process of prediction is pretty complicated. Questions such as this, about delaying the I-485 filing, are addressed here for the benefit of MurthyDotCom and MurthyBulletin readers. Najwitszej Maryi Panny Krlowej Polski > Bez kategorii > what happens when final action date is current? what happens once PD becomes current for a pending I-485? So, you will have to wait until the final action date matches or passes your priority date before you can . 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 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. However, this is not a written rule and the Visa Office may release a new visa bulletin as early as the 8 th, or as late as the 18 th. Multiple I-140 Approvals: What happens to my priority date and who can Don't hold your breath. 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. My father petitioned my brother with a Priority Date of 10/28/2005. Then it's time to move forward with the process of getting your immigrant visa or green card. "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. Could any gurus explain me what's going on. If case action was originally made with EB-2 number was available but the date retrogressed before the case could be adjusted, USCIS would request an EB-2 visa authorization.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 petitions do not expire. THIS is the Form I-485 processing time at USCIS [2022] - Stilt Blog 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. Lets get started! I485 applied, what happens if dates retrogress? January 30, 2012. 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. CEAC Website, Errors Info. If you're an immediate relative of a U.S. citizen, you don't need to track the Visa Bulletin. The priority dates moved!! Now what?? - Medium Anyone waiting to receive an employment-based or family-based green card is likely already familiar with the visa bulletin. Both routes can be advantageous based on your situation. Lets look at an example: Martha is an Indian citizen waiting on an EB-3 green card with a priority date in March 2016. Based on current USCIS processing times, an initial application for an H-4 EAD can take up to 8.5 months to be issued. 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. Did the officer told you that the only reason not to approve was your PD not being current? 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. 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. The priority dates that were used before introduction of two separate dates are nothing but the final action dates. 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. People can find out from www.uscis.gov/visabulletininfo which dates they should use to submit applications for adjustment of status. If the dates for filing shows as Current or C, then it also means that there is no wait time to apply for visa interview at the US consulate abroad to get immigrant visa. At this stage priority date between oct01-mar02 does not matter. You do not have a priority date set. However, that requires that the I-485 remain pending for at least 180 days. The reports including the total number of immigrant visa applicants are sent to the Visa Office every month. Disclaimer: Website, software platform and administrative support are provided by VisaNation Inc., a Delaware corporation. How do I find out the status? Your child gets CSPA protection only if the date got current in the Final action chart. How Do I Know If USCIS Received My Application? One of the most common reasons among MurthyDotCom and MurthyBulletin readers involves marriage plans. What do you think of the dates for filing and final action dates movement? What happens after my priority date becomes current? It is helpful knowing it is not necessary to file the I-485 case as soon as the priority date becomes current. A green card cannot be issued unless the applicants priority date is earlier that the Final Action Date listed on the visa bulletin. Why is your priority date important? However, covid has brought special circumstances and filling and final action dates are moving fast for India. what happens when final action date is current? The Visa Bulletin: Final Action Dates vs. Dates for Filing Also, for reporting and prediction, The Visa Office aggregates numbers on the high-level Categories like F1, F2A, EB-1 and does not give priority dates under sub-categories level. With Final Action Dates, when they show as C or Current, it means that there isnt any wait time in the queue for green cards. Retrogress? In order for a spouse to be eligible for immigration benefits under the umbrella of the primary applicants employment-based green card case, the marriage must occur before the I-485 is approved. Below are some of the common differences between final action dates and dates for filing applications. Seek new employment if you have remaining H-1B time and file new PERM and I-140. USCIS approves the petition, thus making February 1, 2023 Manuel's Priority Date. Just keep waiting. This is not always the case, however when one is not yet married and wants to include the future spouse, for example. However, others will have to wait until the final action date passes their priority date in order for their priority dates to be considered current. If there are any exceptions for any month, they will specify them at www.uscis.gov/visabulletininfo to use filing dates. 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). Submit the required documentation and provide your best possible application. 2023 Murthy Law Firm. May 2022 Visa Bulletin Predictions - Path2USA Categories: Green CardsLive In The USWork In The US, Tags: employment based green cardGreen_Card_Marriagevisa bulletin. Posted by userkv (15) 4 minutes ago. I agree. Lets review, what dates for filing mean for NVC, Consulates and USCIS. Yes. In employment-based green card cases, the entire basis for a case is the employers job offer. 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. Can his current employer C do something or he has to go back to previous employer A? I hope you have received your green card by now! Among these is one important series of questions concerning when one must file the adjustment of status (I-485) application. NVC will also notify the applicants that their application is Documentarily complete. Why do I get AOS interview before PD is current? Thanks. Furthermore, the Visa Office tends to aggregate the high-level Categories numbers for reporting and prediction, including EB-1, F1, and F2A. 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. 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 ? With that, the Indian final action date is finally current, although it's unclear how long-lived this status will be. The greatest risk in delaying is that the opportunity may be lost. Dates for Filing refers to the earliest dates that a green card applicant may apply for their green card. I have read a couple of posts from people that said that took up to 3 months after PD became current. 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. If Manuel had checked the Bulletin for February of 2023 . Biometrics? scripps institution of oceanography graduate programs; rosemont seneca advisors website What is the final action date? - Immigration Planner 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). Its all about the priority date. tui salary cabin crew. what happens when final action date is current?filipino ethnocentrism 5 examples Yes! Soon youll have your loan offer. Unfortunately It's in Uscis hands. That's a wealth of information. 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. Visa Bulletin (Priority Dates) - Adhikari Law PLLC I have filed under niw eb2. When will the National Benefits Center begin reporting Form I-485 processing times? Conduct the adjustment of status interview; 2. There is no actual time limit governing how long a person could wait to move forward with an I-485 filing. All times are GMT-5. UNITED KINGDOM. Priority Date: Current, Retrogressed, or Doesn't Matter? 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. From project selection to the final green card, our experienced team assists and advises investors throughout the EB-5 process. Immediate relatives include: Immigrant visas for immediate relatives of U.S. citizens are unlimited, so they are always available.. 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 . F2A: CURRENT (Spouse and under 21 children of Legal Permanent Residents) FX: CURRENT (F2A Cases with older priority dates) F2B: 22 SEP 2015 (Unmarried Sons/Daughters of Legal Permanent Residents) F3: 22 NOV 2008 (Married Sons/Daughters of U.S. Citizens) F4: 22 MAR 2007 (Brothers/Sisters of U.S. Citizens and their Spouses and under 21 Children) Lets look at them. it deals with people transferring employers after an I-485 has been pending for at least 180 days.) 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). Why Is It Longer For Some Countries Than Others? If an employer waits until the priority date is current to file the H1B extension, there is eligibility for only a one-year extension. If priority date becomes current within first 1-2 months of joining company , is that a lost opportunity for that individual ? nagesh, This totally depends on the location, if you have already submitted medicals and if they would call for an interview.
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