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 A few differences can be seen between the Dates for Filing and Final Action Dates. While it is permissible to file the I-485 as soon as ones priority date becomes current, this is not a requirement. Applicants in that category and from that country can file the green card and will be processed immediately. This may prevent the applicant from filing the I-485 when the priority date becomes current. To adjust your status, you will need to submit an I-485 Application to Register Permanent Resident or Adjust Status with the USCIS, pay the fee that varies based on your age, and wait approximately six months to have it approved. Yes. How long does it take for card approval after PD becomes current (EB1C Sign and return that note if you wish to accept the loan offer. People with this status are the ones that are reported to the Visa Office by the consulates for predictions for Visa numbers. We hope this post was helpful in this regard so you can have a smooth application process. What happens when Final Action Date is current ? Unfortunately, there is no ability to extend an H-1B that is already beyond the six-year limit any further. 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. If the advancement is an unusual circumstance (such as occurred in the summer of 2007), waiting may be risky, as retrogression is highly likely. The above final action date projections for the Family and Employment categories indicate what is likely to happen on a monthly basis through January. 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. 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! Our experience suggests that very often an I-485 application will be adjudicated (approved) or issued a request for evidence (if required) within two to four . EMPLOYMENT-BASED GREEN CARD PROCESSING UPDATE - HSD Immigration Firm 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. Multiple I-140 Approvals: What happens to my priority date and who can Altho all cases are different. She is a member of the American Immigration Lawyers Association and Society for Human Resource Management. Priority Date: Current, Retrogressed, or Doesn't Matter? https://www.uscis.gov/green-card/green-card-processes-and-procedures/child-status-protection-act-cspa, A doubt about the age calculation in CSPA. The loan then gets disbursed into your U.S. bank account within a reasonable number of days (some lenders will be as quick as 2-3 business days). 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. Lets review, what dates for filing mean for NVC, Consulates and USCIS. Thus, delaying the I-485 means being tied to the particular employment for a longer duration. During h1b transfer, the lawyer of the new company said my h1b could be denied because of this rule. Not only that, but they also receive the pending adjustment of status application number from the USCIS. This is what makes the date so important. PD Date is current in DOF but USCIS disallows: You cannot do anything. HOW TO READ THE VISA BULLETIN // If you're trying to figure out how to read the visa bulletin, this video is for you. it deals with people transferring employers after an I-485 has been pending for at least 180 days.) I-140 petitions do not expire. 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. This is a great space to write long text about your company and your services. All Rights Reserved. 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. Adjustment of Status And Visa Retrogression | myattorneyusa The priority date represents the foreign nationals place in line for a green card. A physician who is subject to the J-1 two-year home return requirement generally has to delay the I-485 filing while s/he meets the terms of the waiver by working in an underserved area for three years. A green card cannot be issued unless the applicants priority date is earlier that the Final Action Date listed on the visa bulletin. People can find out from www.uscis.gov/visabulletininfo which dates they should use to submit applications for adjustment of status. 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. 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. USCIS uses final action dates as the default priority dates asking green card applicants to apply for Adjustment of status. Hi. 1. CONCEPT. You must log in or register to reply here. At this stage priority date between oct01-mar02 does not matter. However, that requires that the I-485 remain pending for at least 180 days. 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. Speak with your immigration attorney to learn more. 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. 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. 2023 Murthy Law Firm. Disclaimer: Website, software platform and administrative support are provided by VisaNation Inc., a Delaware corporation. 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. First, when a fiscal year starts in October, Visa Office divides the total annual available Green Card numbers into monthly allotments. How Long To Wait for Your Priority Date to Become Current? Learn what others are saying about us on Google, Yelp, and Facebook or visit us at https://www.stilt.com. I filed an SR online recently and got this response (in case anyone else is thinking of doing the same): What is a normal processing times from USCIS standpoint. #workvisa #greencard #ead #485, Go to company page If you are considering downgrading your petition from EB-2 to EB-3, read THIS ARTICLE. Age at Time of Visa Availability Pending Time = CSPA Age Approval Date Filing Date = Pending Time. your labor certification or I-140 petition must have been filed at least 365 days before you reached your six-year limit of H-1B time, and. The date is current in DOF and USCIS allows: You can file i485, i765, and i131. My Priority Date is Current, Am I Eligible for Additional H-1B Extensions? 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 . Looks like it is going to be a long wait even after the final action date becomes current. The Dates for Filing are the earliest dates green card applicants may apply for a green card. 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. Posted by userkv (15) 4 minutes ago. I hmy final action date is current and I had finger print processing in Jan 2021 and got my EAD. CEAC Website, Errors Info. I hope they become current soon! Meanwhile, Final Action Dates show when there are actual available green card numbers for a certain category and country. 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). The first chart, the "Application Final Action Dates" chart will list the priority dates that are current. what happens when final action date is current? If the job offer is lost or the business shuts down prior to the I-485 filing, the case will end. In general, each of these high-level categories has many sub-categories that are identified by Green Card Category Codes like E11, E12, IR1, etc. 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. These will predict how many Green Cards will be available for the following months until the fiscal year ends. Still Disadvantaged Even When Your Priority Date Becomes Current All rights reserved. It is necessary to be in the United States in order to file the I-485. Why Is It Longer For Some Countries Than Others? #Eb3 #visabulletin #nurses #immigration #immigrationupdate --If you are an RN who wants to live and work in the USA, please visit our website to apply: http. As you read from above, there are many factors considered for prediction of the green card applications required to meet the numerical limit. what happens when final action date is current? The Department of State usually releases new visa bulletin two to three weeks ahead. check out the. 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. Concurrently, these reports are obtained from the U.S. consulates and Embassies from all over the world. 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. In many cases, the Date for Filing will be well before the Final Action Date, meaning that the alien applicants .
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