Below are the things that you can do depending on your situation. You must log in or register to reply here. Why do Dates for Filing and Final Action Dates fluctuate? My father petitioned my brother with a Priority Date of 10/28/2005. For each category and for each country, there is a date that is called the final action date. The Form I-485 processing time is long, and the wait can be difficult. Hire Us. If you are terminated while both the I-140 and I-485 are pending with USCIS AND employer withdraws I-140 petition. There will either be a "C" or a date in the box where your column meets your row. 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 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. 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 ? 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 . At this stage priority date between oct01-mar02 does not matter. Age at Time of Visa Availability Pending Time = CSPA Age Approval Date Filing Date = Pending Time. According to the current policy memo guiding adjudications, the clock starts ticking on the 180-day period as soon as the I-485 is appropriately filed with USCIS . We will update this table when we receive more data from USCIS/DOS. by | Jul 3, 2022 | small rosary tattoo | Jul 3, 2022 | small rosary tattoo 1. His previous employer is unable to take him back untill they have a new job for him. Questions such as this, about delaying the I-485 filing, are addressed here for the benefit of MurthyDotCom and MurthyBulletin readers. To get in touch with our office, you can fill out this contact form and schedule a consultation with us today. Is it because of the visa bank and interviews not being scheduled? AC21 is beyond the scope of this article, but extensive information is available by searching AC21 on www.murthy.com.]. They will predict the number of Green Cards available for the upcoming months, until the end of fiscal year, based on below three data points. With that, the Indian final action date is finally current, although it's unclear how long-lived this status will be. 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. CANADA, 5 Kenley Road B1/B2, H1, F1? Is it possible to continue to extend the H-1B? Any exceptions for a certain month will be mentioned in the Visa Bulletin and specified to use filing dates. Wells Fargo, Go to company page Now, the "Date for Filing" determines whether or not you can submit the final immigrant visa application, and the "Final Action Date" indicates whether or not it is expected that an immigrant visa number will be available. The first chart, the "Application Final Action Dates" chart will list the priority dates that are current. You can find your priority date on the I-797 form mailed by USCIS approving your I-130 petition. Lets review, what they mean for NVC, Consulates and USCIS. but, they will 'hold off' on issuing an approval until it becomes current. 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. Green card applicants will be informed by the NVC when they will get current priority dates based on the Visa Bulletins Final Action Dates. So what should you do if youre looking at decades of waiting time for your priority date. 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). I hope they become current soon! 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. Furthermore, the Visa Office tends to aggregate the high-level Categories numbers for reporting and prediction, including EB-1, F1, and F2A. I-485 Issues Common to All Services Centers, Visa Bulletin and Priority Dates Retrogression Iss. The information contained on this website is for general information purposes only and is not a substitute for legal advice and does not create an attorney-client relationship. 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. No action was taken since I wasnt sure if I wanted to continue the petition thru me. On the other hand, when cutoff dates are moving forward routinely, there is less likelihood of significant and extended retrogression. Final Action Dates and Filing Dates are not the same, and you must know the differences if you are a green card applicant. Final Action Dates and Dates for Filing are two different things, but what exactly are the differences between them? You can choose an autopay method online to help you pay on time every month. . Unfortunately, there is no ability to extend an H-1B that is already beyond the six-year limit any further. They can do the interview before the final action date is current . This is because the marriage green card is in a separate category called immediate family. If your application meets the eligibility criteria, the lender will contact you with regard to your application. Also, this is the Category that is printed on the physical Green Card that is issued to the applicant. Submit the required documentation and provide your best possible application. If an employer waits until the priority date is current to file the H1B extension, there is eligibility for only a one-year extension. The case may be filed at a later time, as long as all requirements are met at the time of that later filing. You can think these dates as if your position in queue has reached the end and you are ready to get the green card. Both routes can be advantageous based on your situation. Youll have to compare your priority date to the final action dates that are posted in the visa bulletin. You don't have to wait for the government to call you after you notice this. 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. I was in this situation 2 years ago - final cutoff date was current for longer than a year when I switched job. All of the high-level categories usually have several sub-categories that are given Green Card Category Codes to identify, including IR1, E12, E11, and others. Could any gurus explain me what's going on. 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. However, covid has brought special circumstances and filling and final action dates are moving fast for India. 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! Adjusting status to a lawful permanent resident of the United States is a big step! Not affiliated with any government agency. What are Final Action Dates in Visa Bulletin? For a better experience, please enable JavaScript in your browser before proceeding. Hi , there has not been any movement in the Final action dates for F4 category in October and November. Other individuals may have suffered a denial at either the labor certification or the I-140 stage. The NVC receives the green card applications after the USCIS approves them. check out the. Interesting. When assessing this risk, it is necessary to consider the reason for the cutoff date advancement. Every month the Visa Office gets a report of total number of immigrant visa (Green Card) applicants from all US consulates & Embassies across the globe. There is also a risk of retrogression. Detailed Green Card Wait Time: Based on March 2023 data from USCIS/DOS, please see below current wait time for both EB and FB categories. It has two charts: "Final Action Dates for Employment-Based Preference Cases" and "Dates for Filing of Employment-Based Visa Applications." 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. The reports including the total number of immigrant visa applicants are sent to the Visa Office every month. 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. Difference between Final Action Dates and Dates for Filing. In order to port your green card to the next level, you must not only obtain the qualifications for the new level, but you must also obtain a new job that requires your new qualifications. 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. 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. The determination of the actual monthly final action dates is subject to fluctuations in applicant demand and a number of other variables impacting processing. To calculate when your priority date may . Attorneys at the Murthy Law Firm are available for consultation on these matters. London TW1 1JT What if the labor certification was filed less than 365 days before the six year limit was reached and the priority date is now current? People can find out from www.uscis.gov/visabulletininfo which dates they should use to submit applications for adjustment of status. After you file the I-485, you will receive notification that the USCIS has received it. I would like to know if anyone's I-485 application with Dallas FO after transfer from NBC to Dallas Fo on July 20th. Here at VisaNation, we have helped countless people like yourself obtain their green cards. meaning that the priority date must be current. what happens when final action date is current? As such, people who are stuck in the backlog have the opportunity to apply for work authorization and get it much sooner. If you have any questions, send us an email at [emailprotected]. 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. 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. Cannot be construed as legal advice. The length of time could be significant. 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. -One-page form (PTO/SB/434) filed with After . The National Visa Center (NVC) uses these dates to let green card applicants know that they can finally start getting qualified documentarily. A green card cannot be issued unless the applicant . 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. Will this rapid movement be continue which help to move dates for filling become current? In fact, if you petitioned for a family-based or employment-based green card, you most certainly have a priority date. If you are considering applying for a personal loan, just follow these 3 simple steps. However, for those populated countries that regularly submit more petitions than their limit, priority date waiting times could take decades to become current, if they ever become current at all. #workvisa #greencard #ead #485, Go to company page Also, they will help schedule interviews for immigrant visas based on the final action dates by working with the U.S. consulates. CEAC Website, Errors Info. In employment-based green card cases, the entire basis for a case is the employers job offer. It is helpful knowing it is not necessary to file the I-485 case as soon as the priority date becomes current. 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. Parafia pw. But if your priority date is any date prior to October 8, 2011, your priority date is current and you are eligible for concurrent filing. These dates are typically eight to 12 months prior to the expected Final Action Dates and allow applicants to submit their application for permanent residence and relevant documents before it is time for the government to approve it. What is Dates for Filing in Visa Bulletin? 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 ?
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