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. #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. Final Action Dates and Dates for Filing are two different things, but what exactly are the differences between them? 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. Seek new employment if you have remaining H-1B time and file new PERM and I-140. Thanks. Your I-485 (green card application) will be denied. If there is a date shown, that's the "cutoff date." Compare that to your priority date. See below how it looks in a diagram. 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. Date For Filing vs. Final Action Date, the Two-Tiered Visa Bulletin Apply online for the loan amount you need. Equipment. Not yet. Many applicants want to file on the first day of the month in which their priority dates become current. Usually, you see USCIS ask applicants to use Dates for Filing in the beginning months of the Fiscal year start (October, November). On that bulletin, people can see two types of dates: filing date charts and final action date charts. 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. I hmy final action date is current and I had finger print processing in Jan 2021 and got my EAD. Also, with two dates, US Dept of State would be able to more accurately predict the demand and supply of Green Card numbers. WHAT TO DO WHEN YOUR PRIORITY DATE BECOMES CURRENT - YouTube Not sure which I-485s are processed by NVC, do they do only consular processing or regular processing too? 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. Heavily-populated countries such as China or India usually exceed the annual limit on green cards across several different categories, causing backlogs to build and dates to retrogress. It is the day that the USCIS receives your green card petition. File H1B Extension Before Priority Date Becomes Current The Department of State has an annual limit on the number of green cards it distributes to any country from any category (e.g. 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. Legal services are subject to a separate attorney agreement between VisaNation Law Group PLLC (formerly SGM Law Group PLLC) and you. Once the priority date becomes current the foreign national may apply for their physical green card. In order for a spouse to be eligible for immigration benefits under the umbrella of the primary applicants employment-based green card case, the marriage must occur before the I-485 is approved. You can choose an autopay method online to help you pay on time every month. In order to be eligible to file an H-1B extension beyond the six-year limit after your priority date (Final Action Date) becomes 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. Both routes can be advantageous based on your situation. How many weeks are they expecting to provide a decision after the date becomes current per Visa bulletin for a category. All times are GMT-5. I have read a couple of posts from people that said that took up to 3 months after PD became current. Usually, Dates for Filing are used during the fiscal years first few months, such as October and November. To calculate when your priority date may . "C" means "current," in other words, that there is no more wait and you can file your adjustment application now. Looks like it is going to be a long wait even after the final action date becomes current. You may also watch the YouTube video on Dates of Filing vs Final Action Dates that covers the details in this article. what happens when final action date is current? Interesting. Watch this thread Start a new thread Add a post. This is due to the fact that some countries submit many more petitions than others. dave chappelle: the closer vinyl. 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 Final Action Date is current ? Among these is one important series of questions concerning when one must file the adjustment of status (I-485) application. As mentioned above, labor certification filings are based on a specific job offer. Age at Time of Visa Availability Pending Time = CSPA Age Approval Date Filing Date = Pending Time. What do you think of the way ahead? The Chinese final action date has advanced by one week to July 22, 2015, and the Vietnamese date by three weeks to May 15, 2017, but the Indian final action date has moved forward by a staggering seven months from January 1, 2020. 2023 Murthy Law Firm. 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. There is no easy way out, just need to wait for things to get normal. 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. To get in touch with our office, you can fill out this contact form and schedule a consultation with us today. 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. he doesnt have I140 approved from current employer C yet. There's one twist to the Visa Bulletin. If the advancement is an unusual circumstance (such as occurred in the summer of 2007), waiting may be risky, as retrogression is highly likely. When you see that your Priority Date is current on the "Dates for Filing . Conduct the adjustment of status interview; 2. The Dates for Filing column also reflects when the State Department expects the Final Action Dates to be current 8 to 12 months in the future. 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. Someone usually must file an immigrant petition for you (often referred to as. what happens when final action date is current? The USCIS also forecasts the number of applications for green cards they need to meet the numerical limits at the end of the fiscal year. My Priority Date is Current, Am I Eligible for Additional H-1B Extensions? So, you will have to wait until the final action date matches or passes your priority date before you can receive a green card number. 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. How to Apply for H4 EAD? 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. PD Date is current in DOF but USCIS disallows: You cannot do anything. What Country of Residence and How to Know Yours When on a Visa, How to Check Dropbox Eligibility with the App, Pending Adjustment of Status applicants count that the USCIS sends, Qualified Immigrant Visa Applicants count that the U.S. Consulates send, Historical counts of Abandonments, Denials, and withdrawals. tula tungkol sa magsasaka at mangingisda; Most people that petition for a green card have a priority date. If you see below chart of Immigrant Visa Process, the steps from Step 2 to Step 9 are done by NVC for applicants who are applying for Green Card (immigrant visa) from outside of US. Thus, delaying the I-485 means being tied to the particular employment for a longer duration. 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. So what is a priority date? Toronto, Ontario M5C 1C4 A priority date determines a person's position in line for an immigrant visa. . This option is available to all but mandatory for those that are not under a nonimmigrant visa status at the time of the approval of their petition. They can do the interview before the final action date is current . Did the officer told you that the only reason not to approve was your PD not being current? 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. The entire prediction process is quite difficult, so many people may not understand it. it deals with people transferring employers after an I-485 has been pending for at least 180 days.) How VisaNation Law Group Attorneys Can Help. It doesnt matter which green card you applied to before or which you are pursuing now, you are essentially starting from scratch on all aspects except for the priority date. 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. 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? what happens when final action date is current? 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). How Do I Know If USCIS Received My Application? To bring the prosecution to a speedy conclusion and at the same time deal justly with the patent owner and the public, the examiner will twice provide the patent owner with such information and references . If ones case is delayed, and the cutoff dates retrogress, the individual then will have to wait until his/her priority date is current again. Green card reporting is taken care of by the Visa Office (VO) part of the U.S. Department of State (DOS). Your personal information is protected by our Privacy Policy. No names are reported, but only the counts of applicants with that status at a consulate or embassy are reported. If your green card priority date has matched or passed the final action date given in your category for your country on the visa bulletin (or if your category has a C on it instead of a date), then there are two routes that may be available to you depending on your situation. What is Dates for Filing in Visa Bulletin? The 1 year rule usually is only enforced if the I-140 is under NVC jurisdiction. For example, July Visa Bulletin is most likely published between June 10 th and 15 th. Still Disadvantaged Even When Your Priority Date Becomes Current B1/B2, H1, F1? 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.
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