what happens when final action date is current? what happens when final action date is current?

No matter who you speak to along the immigration journey, one topic looms darkly over the conversation: priority dates. 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. This article will serve to educate you about what green card priority dates are, how they work, why the wait is so long, and what your options are when it comes to shortening your waiting time. We hope this post was helpful in this regard so you can have a smooth application process. Please do let us know how long did it take for USCIS to make a decision on your I485 application after the final action date became current in April 2020. 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 . See below screenshot from USCIS Visa Bulletin filings charts webpage, where they ask applicants what date to use in a particular month. Did the officer told you that the only reason not to approve was your PD not being current? 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. Assuming you do not have an I-485 pending from your EB3 case, AC21 portability is not really a factor (i.e. 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 . 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. One of my friend is on H1b Visa and have I-140 approved from previous employer A under Eb2 category. This can either be through your current employer or with a new one. This is not to be confused with a change of status or a transfer of status, which are different processes entirely. . This page was generated at 05:29 PM. When can you Apply for H1B Visa Stamping after Petition Approval? It will help them issue maximum number of Green Cards per year, without wasting them, as per Congress guidance. So, Is my filing date Oct 2020 ?? Other individuals may have suffered a denial at either the labor certification or the I-140 stage. All times are GMT-5. 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. It is necessary to be in the United States in order to file the I-485. We understand that waiting for a decision on a pending I-485 after a priority date becomes current may be frustrating especially after having waited for years for a current priority date. Depending upon the movement of the cutoff dates, and any other delays or problems that arise in the I-485 case, this means that it may be necessary to file the H1B extension again in just one year. his priority date is Nov 2014. In employment-based green card cases, the entire basis for a case is the employers job offer. 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. See below screenshot from the same page, where they ask applicants to use Final Action dates for September 2020. 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. When you see that your Priority Date is current on the "Dates for Filing . 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. If your application meets the eligibility criteria, the lender will contact you with regard to your application. That's great! 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. This change only applies to office actions issued on . When your final action date becomes current, you would see "Current" or "C" in the Visa Bulletin. 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. IMPORTANT UPDATE: There is a significant advancement of Priority Dates in EB-3 India category in October 2020VISA BULLETIN. JavaScript is disabled. 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. what happens once PD becomes current for a pending I-485? 2023 Murthy Law Firm. 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). Question: For those cases transferred to NBC, if the priority date is current under the "Final Action Date," please advise how an applicant could follow up with the USCIS. What do the "Final Action Date" and "Dates for Filing Applications The Dates for Filing are the earliest dates green card applicants may apply for a green card. While she was waiting, she obtained a masters degree in computer science. Also, they enable the applicants to submit their important documents and their permanent residence application before the government can approve it. They will also work with US consulates to schedule immigrant visa interview for these applicants based on the final action dates. The Visa Bulletin is released by the U.S. Department of State. This is an important date because once the immigrant visa number is available, the foreign national's physical green card can be issued. Adjusting status to a lawful permanent resident of the United States is a big step! Also note that if the accrual of the 1-year period is interrupted by the unavailability of an immigrant visa, such as when a priority date becomes current and later retrogresses, a new 1-year period starts when the priority date becomes current again. here the Filing date, Is this the date of i-485 filing? 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. Legal services are provided by VisaNation Law Group PLLC, a Florida professional limited liability company. This will help you better understand how the Dates for Filing and Final Action Dates movement in next sections. that are used for detailed allocation. My filing date is current for 3+ years now. In handling applications for adjustment of status where immigrant visa numbers have regressed, U.S. 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. Biometrics? We take a holistic underwriting approach to determine your interest rates and make sure you get the lowest rate possible. 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. If the job offer is lost or the business shuts down prior to the I-485 filing, the case will end. In reality, your employer will need to file an completely new petition, fees, and obtain a new PERM Labor Certification on your behalf. You can think these dates as if your position in queue has reached the end and you are ready to get the green card. Some countries have dates that move forward every month while others have dates that dont move at all or actually go backward in a process called retrogression. Priority Date: Check USCIS Processing Times or Visa Bulletin But I my h1b was approved without issues. See what other people are asking and the advice they're getting. Also, if you are in the process of considering petitioning for a green card, the idea of having to wait decades could be terrifying. Dates of filing are used mainly during the first few months of the fiscal year start like in October, November to get more applications in pipeline for meeting the demand for the entire year. We have to wait and watch. How do I find out the status? This is an important date because once the immigrant visa number is available, the foreign nationals physical green card can 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. you'll need to file your I-485 application for adjustment of . Lets get started! Historical counts of Denials, Abandonments and withdrawals. Below are some of the common differences between final action dates and dates for filing applications. Please note: These wait times can change every few weeks as USCIS/DOS receives more applications. For others, it could be risky, potentially causing them to lose the opportunity for a long time. Depending on the month of the year and movement of priority dates, USCIS suggests which charts to use for filing adjustment of status. 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. October 2021 Visa Bulletin Insight: Retrogression Likely For Some WHAT TO DO WHEN YOUR PRIORITY DATE BECOMES CURRENT - YouTube 1. #2 Final Action Date Chart. Retrogress? Also, with two dates, US Dept of State would be able to more accurately predict the demand and supply of Green Card numbers. 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 you are filing for adjustment from within the U.S., then you should immediately contact an attorney to prepare your Form I-485 and corresponding evidence. Most people that petition for a green card have a priority date. How Do I Know Which USCIS Service Center? Then it's time to move forward with the process of getting your immigrant visa or green card. This is where the DOS Visa Bulletin comes into the picture. 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. For instance, Dates for Filing are used for early preparation by USCIS or NVC to ensure that there are enough applications waiting in the queue for a certain fiscal year. Once the priority date becomes current the foreign national may apply for their physical green card. US Department of State publishes the Visa Bulletin every month that summarizes the green card numbers availability by category and movement of priority dates. what happens when final action date is current?filipino ethnocentrism 5 examples Yes! Make sure to get a copy of 140 from your employer. Final Action Dates: Final action dates are determined by your Green Card category and chargeability area which is your country of origin. Watch this thread Start a new thread Add a post. 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 Indian EB-5 Final Action Date Current in July 2020 Visa Bulletin 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. They can do the interview before the final action date is current . 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. 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. See below how it looks in a diagram. 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. 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. Applicants in that category and from that country can file the green card and will be processed immediately. That's a wealth of information. 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. I hope this is not . what happens when final action date is current? Green Card Priority Dates: What To Expect | The Complete Guide - VisaNation Multiple I-140 Approvals: What happens to my priority date and who can While it is permissible to file the I-485 as soon as one's priority date becomes current, this is not a requirement. Adjustment of Status And Visa Retrogression | myattorneyusa 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. 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). what happens when final action date is current? You may also call the DOS at (202) 663-1541 for a 24-hour recording that gives the priority dates that are currently being processed. Where the adjustment of status could not be filed because the H-1B worker is no longer with the original sponsor, it will be up to the discretion of USCIS to decide whether this qualifies as a circumstance beyond the workers control in order to grant a one-year H-1B extension. If the final action dates chart shows as Current or C, then it means that there is no wait time in the green card queue. how long does it take to get the gc after priority date is C - Trackitt 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. 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). They usually look at their pending applicants count with them and forecast, if they have any shortage of applications. On the other hand, when cutoff dates are moving forward routinely, there is less likelihood of significant and extended retrogression. Note that, while your priority date is set and does not move, the final action dates change from month to month. Stronger applications get better loan offers. 2. What are Final Action Dates in Visa Bulletin? What happens if I filed my I-485 application previously but my priority By NJ80, January 30, 2012 in AOS & CP : General. As you read from above, there are many factors considered for prediction of the green card applications required to meet the numerical limit. In this post, we will take a look at the final action date vs filing date and analyze their differences. If the advancement is an unusual circumstance (such as occurred in the summer of 2007), waiting may be risky, as retrogression is highly likely. Attorneys at the Murthy Law Firm are available for consultation on these matters. You can use this space to go into a little more detail about your company. This is a process by which you can adjust your status from nonimmigrant to immigrant. Save my name, email, and website in this browser for the next time I comment. It is the day that the USCIS receives your green card petition.