what happens when final action date is current?

I have filed under niw eb2. Legal services are provided by VisaNation Law Group PLLC, a Florida professional limited liability company. How it benefits you is because porting your green card allows your employer to indicate that your original green card priority date should be retained. Also, they enable the applicants to submit their important documents and their permanent residence application before the government can approve it. How VisaNation Law Group Attorneys Can Help. Difference between Final Action Dates and Dates for Filing. Speak with your immigration attorney to see if green card porting is appropriate for your case. Usually, if you see Visa Bulletin after the USCIS fiscal year starts after first couple of months(Oct, Nov), USCIS asks everyone to use final action dates. If you are considering downgrading your petition from EB-2 to EB-3, read THIS ARTICLE. All times are GMT-5. 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 . This is essentially where the DOS is when it comes to processing petitions. My interview was complete in Oct 2018. In some cases, a delay in filing simply means that the case moves forward a month or a few months later, with no other significant difference. 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. Emily has been quoted in Bloomberg Law, U.S. News & World Report, Inside Higher Ed, and The Times of India on various hot topics in immigration. However, that requires that the I-485 remain pending for at least 180 days. This is the same case with current October 2020 Visa Bulletin as well. Copyright 1999-document.querySelector("#footer-year").innerHTML=new Date().getFullYear(); immihelp.com. It is necessary to be in the United States in order to file the I-485. Add your thoughts in comments below. 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? Hi , there has not been any movement in the Final action dates for F4 category in October and November. This is not to be confused with a change of status or a transfer of status, which are different processes entirely. How Do I Know If USCIS Received My Application? If there is a date shown, that's the "cutoff date." Compare that to your priority date. Your green card can only be approved if the PD date is current in the Final action chart. When your priority date becomes current in that present month's Visa Bulletin, you are then eligible for either adjustment of status or to pursue your immigrant visa abroad. What it means is that you can go ahead and apply for the next steps to get your green card and there is no wait time. This bulletin reveals how many green cards are available for each category and also shows priority dates. Final Action Dates and Dates for Filing are two different things, but what exactly are the differences between them? What if you are unable to file your I-485 application for adjustment of status within one year of your Final Action Date becoming current, such as the situation when you are no longer with the employer that sponsored your labor certification and I-140 petition? 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. 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. There has been no movement on my case so far. As such, people who are stuck in the backlog have the opportunity to apply for work authorization and get it much sooner. We take a holistic underwriting approach to determine your interest rates and make sure you get the lowest rate possible. This means that do not abandon . However, USCIS may excuse a failure to file in its discretion if the H-1B worker establishes that the failure to apply for adjustment of status was due to circumstances beyond his or her control. Your use of this website and our software platform are subject to VisaNation Inc.'s privacy policy and terms of use. Why Is It Longer For Some Countries Than Others? 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. However, here is the general application process that most applicants will go through: 1. but, they will 'hold off' on issuing an approval until it becomes current. Final Action Dates are used most commonly for filing applications for adjustment of status with the USCIS during the remainder of the year after the passing of the first months. This is where the DOS Visa Bulletin comes into the picture. To make it easier for foreign nationals to track their place in line, U.S. Lets review, what dates for filing mean for NVC, Consulates and USCIS. If you are considering applying for a personal loan, just follow these 3 simple steps. Adjusting status to a lawful permanent resident of the United States is a big step! This page was generated at 05:29 PM. If you're an immediate relative of a U.S. citizen, you don't need to track the Visa Bulletin. On the other hand, when cutoff dates are moving forward routinely, there is less likelihood of significant and extended retrogression. However, covid has brought special circumstances and filling and final action dates are moving fast for India. The above final action date projections for the Family and Employment categories indicate what is likely to happen on a monthly basis through May. Any idea how long it takes to get gree card interview with . A green card cannot be issued unless the applicant . Also, they get the number of pending applications of adjustment of status from USCIS. #1. 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. 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. 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. It has Dates for Filing charts and Final Action Dates charts. 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). Ruchi, If he has to apply now, the only option is to go with A as there is no perm with C. Thanks Kumar for the response. Let's say that the priority date of the applicant is the 1st of December, 2010 and that the final action date is the 22nd of December, 2010. My PD just became current with PD of Jan 2002( ROW) LUD has been changed on 8/23, 8/24,8/29 and again today 9/1 for me and for my wife. January 30, 2012. Qualified Immigrant Visa Applicants count received from US Consulates, Pending Adjustment of Status applicants count received from USCIS. USCIS uses final action dates as the default priority dates asking green card applicants to apply for Adjustment of status. Provide any additional information if required. Also, this is the Category that is printed on the physical Green Card that is issued to the applicant. USCIS processes all I-485s. Final action dates define when the actual green card numbers are actually available for a country & category, Date for filing are used primarily to prepare ahead by NVC or by USCIS to make sure there are enough applications in the queue for a fiscal year. Final Action Dates and Filing Dates are not the same, and you must know the differences if you are a green card applicant. See below how it looks in a diagram. These issues should be discussed with an experienced, qualified immigration attorney, who can provide guidance in such matters. But what is the difference between them? We will update this table when we receive more data from USCIS/DOS. 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 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 . This is beneficial because it can allow foreign nationals who are stuck in the backlog to apply for and obtain work authorization much sooner than if they had to wait for the priority date to be current under the relevant Final Action Date. People can find out from www.uscis.gov/visabulletininfo which dates they should use to submit applications for adjustment of status. If a person does not file in December 2011, therefore, even though s/he could do so, the opportunity is not necessarily lost. It would then be held until the final . USCIS approves the petition, thus making February 1, 2023 Manuel's Priority Date. The CAA, SoCon and Summit League are . If an employer waits until the priority date is current to file the H1B extension, there is eligibility for only a one-year extension. contact our office to schedule a consultation. A green card cannot be issued unless the applicants priority date is earlier that the Final Action Date listed on the visa bulletin. The National Visa Center (NVC) uses these dates to let green card applicants know that they can finally start getting qualified documentarily. This is essentially where the DOS is when it comes to processing petitions. There are, however, overall risks in waiting for greatly extended periods of time, as explained below. 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. Some lenders send a promissory note with your loan offer. Stronger applications get better loan offers. provided the dates are not moved backward.. Whats the prediction going forward at least for EB3 category? Those with questions regarding case timing and I-485 filings should seek advice from a knowledgeable and qualified immigration attorney. However, there is a catch. You don't have to wait for the government to call you after you notice this. Now that you have some background on why two dates, next we need to understand how the Green Cards numbers are reported, collated and further predicted. 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. In the Visa Bulletin, the Dates for Filing or Dates for Filing Application refer to the earliest dates when people who apply for Green Cards are finally allowed to apply for their immigrant visa or green card. You can check https://visagrader.com/uscis-processing-times/i-485-eb to know processing times history by location. If you are terminated while both the I-140 and I-485 are pending with USCIS AND employer withdraws I-140 petition. Age at Time of Visa Availability Pending Time = CSPA Age Approval Date Filing Date = Pending Time. 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. So, you will have to wait until the final action date matches or passes your priority date before you can . 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). 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. US Department of State publishes the Visa Bulletin every month that summarizes the green card numbers availability by category and movement of priority dates. Posted by userkv (15) 4 minutes ago. Would the person risk loosing out filing for GC forever ? Learn More, The Murthy Law Firm can conveniently and efficiently consult and/or represent clients located anywhere in the United States or abroad on U.S. immigration matters. The Department of State has an annual limit on the number of green cards it distributes to any country from any category (e.g. There is also a risk of retrogression. How do I find out the status? Usually, you see USCIS ask applicants to use Dates for Filing in the beginning months of the Fiscal year start (October, November). Furthermore, the Visa Office tends to aggregate the high-level Categories numbers for reporting and prediction, including EB-1, F1, and F2A. This date shows what your priority level is according to the Department of State. Dates for Filing refers to the earliest dates that a green card applicant may apply for their green card. By NJ80, January 30, 2012 in AOS & CP : General. JavaScript is disabled. USCIS in preparation for next fiscal year (starts from October 1st) will forecast how many applications they would need to meet the Green Card numerical limits by end of the fiscal year (September of next year). If priority date becomes current within first 1-2 months of joining company , is that a lost opportunity . Any exceptions for a certain month will be mentioned in the Visa Bulletin and specified to use filing dates. 1. Lets review, what they mean for NVC, Consulates and USCIS. 2023 Berardi Immigration Law. 2023 Murthy Law Firm. See below screenshot from the same page, where they ask applicants to use Final Action dates for September 2020.