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

How Do I Know If USCIS Received My Application? PDF After Final Practice and Appeal - Mintz If you are considering downgrading your petition from EB-2 to EB-3, read THIS ARTICLE. 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. This is an important date because once the immigrant visa number is available, the foreign national's physical green card can be issued. Citizenship and Immigration Services local field offices are required to undertake the following steps: 1. I have read a couple of posts from people that said that took up to 3 months after PD became current. Applicants require this information so they can file a Service Request if the Form I . PD Date is current in DOF but USCIS disallows: You cannot do anything. Is it possible to continue to extend the H-1B? The other option is to go through consular processing, which involves making an appointment with the U.S. Consulate or Embassy in your home country. Depending on how the above three numbers vary, you would see movement of the priority dates. Current Priority Date - U.S. Embassy in Bangladesh There are few scenarios on why dates for filing & final action dates move forward or backward. This may prevent the applicant from filing the I-485 when the priority date becomes current. Confirm all security and background checks are completed; 3. We responded to the RFE in a month and Interview was scheduled in October. 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. See below how it looks in a diagram. If Manuel had checked the Bulletin for February of 2023 . However, here is the general application process that most applicants will go through: 1. 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. There is no actual time limit governing how long a person could wait to move forward with an I-485 filing. 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). you'll need to file your I-485 application for adjustment of . So, Is my filing date Oct 2020 ?? that are used for detailed allocation. Assuming you do not have an I-485 pending from your EB3 case, AC21 portability is not really a factor (i.e. In order to port her EB-3 status to EB-2, she will need to either be promoted to a higher position that requires her masters degree or she will need to find a new job that requires the degree. While this sounds like an optimal situation and it is technically possible, there are some things to note before getting started. You can think these dates as if your position in queue has reached the end and you are ready to get the green card. The first route is called adjustment of status. What is Dates for Filing in Visa Bulletin? How to Check US Visa Status Online? Our attorney said that if the priority date was not current they usually do that. Also, they get the number of pending applications of adjustment of status from USCIS. 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. Visa Retrogression, or Why Your Priority Date Is No Longer Current 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 . 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. The length of time could be significant. I-485 application. This means that do not abandon . The Dates for Filing are the earliest dates green card applicants may apply for a green card. The priority dates that were used before introduction of two separate dates are nothing but the final action dates. Some lenders send a promissory note with your loan offer. I-140 petitions do not expire. Another provision of AC21 may allow continued extensions of H-1B status in one-year increments according to Section 106(b). what happens when final action date is current? 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. When will the National Benefits Center begin reporting Form I-485 processing times? These issues should be discussed with an experienced, qualified immigration attorney, who can provide guidance in such matters. But, what happens when the immigrant visa finally becomes available and the priority date is current? 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. Note that, while your priority date is set and does not move, the final action dates change from month to month. 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. 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. Thanks. How to read the Visa Bulletin | My priority date is current - YouTube She is a member of the American Immigration Lawyers Association and Society for Human Resource Management. This is a process by which you can adjust your status from nonimmigrant to immigrant. NVC does not process I-485s. If a person does not file in December 2011, therefore, even though s/he could do so, the opportunity is not necessarily lost. After which, your passport will be taken and then mailed back to you with a green card inside. No names are reported, but only the counts of applicants with that status at a consulate or embassy are reported. However, that requires that the I-485 remain pending for at least 180 days. See below how it looks in a diagram. Could any gurus explain me what's going on. Co. Therefore, you will have to wait until they have processed all of the petitions that were submitted prior to yours before your petition will be processed. Submit the required documentation and provide your best possible application. Travel abroad is another common reason that individuals are not always able to file their I-485s immediately when the priority date becomes current. Make sure to get a copy of 140 from your employer. I am in the same boat as you are. Not yet. by | Jul 3, 2022 | small rosary tattoo | Jul 3, 2022 | small rosary tattoo I am now waiting for the perm approval in my curret company. https://www.uscis.gov/green-card/green-card-processes-and-procedures/child-status-protection-act-cspa, A doubt about the age calculation in CSPA. What happens when your priority date for green card processing - Quora It is essentially like starting over from scratch. I have filed under niw eb2. For H-1B workers who have been subject to per-country visa limitations and unable to file an application to adjust status (I-485), you are probably familiar with the ability to continue to extend H-1B status beyond the six-year limit in three-year increments based on your approved I-140 immigrant petition. If your filing date was current for 3+ years , you would have filed for AOS already right ? Speak with your immigration attorney to see if green card porting is appropriate for your case. Your use of this website and our software platform are subject to VisaNation Inc.'s privacy policy and terms of use. 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. We will update this table when we receive more data from USCIS/DOS. Salesforce, Go to company page RedBus2US.com 2010 - 2023, All Rights Reserved. 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. Don't hold your breath. If the current H-1B expires before the EAD card is received, the individual will no longer be authorized to work until the EAD card is received. Priority Date: Current, Retrogressed, or Doesn't Matter? 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). Oct 2020 bulletin , the filing date for India is Jan 1 2015 for EB3. what happens when final action date is current? Thank you indian_ocean. Retrogression FAQs | Loke Walsh Immigration Law Yes. I-140s that are sent to the State Department for consular processing purposes are held at the National Visa Center (NVC), Most decent employers never withdraw 140. Interesting. [There is an exception to this under the American Competitiveness in the Twenty First Century Act (AC21). US Department of State(DOS) introduced the concept of two dates to align procedures of Immigrant Visas (Green Card) at US Consulates abroad with USCIS adjustment of status application procedures. I am hoping though as soon as the final action date becomes current, NBC will transfer the cases to the local USCIS center for the period that became current before they publish the next period in the following USCIS visa bulletin. At this stage priority date between oct01-mar02 does not matter. GUIDE to Travel to US with valid Visa on Expired Passport ? January 30, 2012. It may be helpful to document the steps the new employer has taken to file a labor certification on behalf of the employee. 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. 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! I read that once your final action date becomes current , you are required to file 485 and start final leg of process within 1 year or you risk to loose your spot in priority date queue.This has not been issue in the past as most people would have significant gap between filing date and final action date becoming current. USCIS usually has a large pool of Green Card applicants that are pending with them and waiting for priority date to be current for issuance of green card. 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. The 1 year rule usually is only enforced if the I-140 is under NVC jurisdiction. What happens when Final Action Date is current ? 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. I-140 and I-485 - Klasko Immigration Law Partners, LLP USCIS Visa Bulletin Mar 2023 Employment Green Card Dates - USA - AM22Tech Watch this thread Start a new thread Add a post. what happens when final action date is current? but, they will 'hold off' on issuing an approval until it becomes current. When your final action date becomes current, you would see Current or C in the Visa Bulletin. Final Action Dates and Filing Dates are not the same, and you must know the differences if you are a green card applicant. You don't have to wait for the government to call you after you notice this. If there are any exceptions for any month, they will specify them at www.uscis.gov/visabulletininfo to use filing dates. I485 applied, what happens if dates retrogress? - Murthy Law Firm I hope this is not . New, Renewal? what happens when final action date is current? 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. How long does it take to get green card after becoming current? Depending on the month of the year and movement of priority dates, USCIS suggests which charts to use for filing adjustment of status. If they withdraw after 6 months of approval the PD based on that 140 can still be used. Once your date becomes current USCIS will take all the I-485 that became current (from oct01-mar02) and then they will start processing based on the 485 receipt date. What happens when Final Action Date is current ? Not affiliated with any government agency. How Do I Know Which USCIS Service Center? I-485 Application to Register Permanent Resident or Adjust Status, H-1B Lottery Rule Changes Could See Reversal, March 2023 Visa Bulletin: Analysis & Predictions, Unmarried children under 21 of U.S. citizens, Parents of U.S. citizens who are at least 21, Widows and widowers of U.S. citizens (provided that the petition was filed within two years of the death of the citizen). This date shows what your priority level is according to the Department of State. Hi. what happens when final action date is current? Indian EB-5 Final Action Date Current in July 2020 Visa Bulletin Also, if you are in the process of considering petitioning for a green card, the idea of having to wait decades could be terrifying. what happens when final action date is current? what happens when final action date is current? 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. So , in order to best utilize this opportunity to get his greencard and EAD, what would be suggested course of action for him? New deadline to respond to office actions for trademark applications Qualified Immigrant Visa Applicants count received from US Consulates, Pending Adjustment of Status applicants count received from USCIS. . 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. Lets look at an example: Martha is an Indian citizen waiting on an EB-3 green card with a priority date in March 2016.