But for your easy understanding, we have tried to simplify it as below. All times are GMT-5. 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. 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). Based on current USCIS processing times, an initial application for an H-4 EAD can take up to 8.5 months to be issued. Lets review, what they mean for NVC, Consulates and USCIS. Once the USCIS receives the petition, that date will be your priority date. As mentioned above, labor certification filings are based on a specific job offer. The National Visa Center (NVC) uses these dates to let green card applicants know that they can finally start getting qualified documentarily. In handling applications for adjustment of status where immigrant visa numbers have regressed, U.S. The Department of State usually releases new visa bulletin two to three weeks ahead. If you check any of the previous editions of Visa Bulletin like September 2015 Visa Bulletin, you would not find two charts or two dates listed. If the EB-2 final action date for India is current, then Martha can adjust her status or use consular processing as soon as her petition is approved rather than wait several years. Toronto, Ontario M5C 1C4 -One-page form (PTO/SB/434) filed with After . This is essentially where the DOS is when it comes to processing petitions. Najwitszej Maryi Panny Krlowej Polski > Bez kategorii > what happens when final action date is current? The first chart, the "Application Final Action Dates" chart will list the priority dates that are current. Dates for Filing refers to the earliest dates that a green card applicant may apply for their green card. Lawyers suggestion is to avoid moving companies when date movement is rapid unless one qualifies for ac21 porting, https://www.avvo.com/legal-answers/is-there-a-time-limit-for-filing-i-485-from-the-ti-4054517.html. The National Visa Center (NVC), which processes the green card applications for consular processing petitions, will inform the green card applicants when their priority dates become current based on the Final Action Dates in Visa Bulletin. This date will be printed on your notice of receipt from the USCIS and should be noted as one of the most important dates concerning your green card processing time. Generally, the dates are 8 to 12 months before the expected Final Action Dates. 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. 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. There's no way to know exactly when, so . USCIS uses final action dates as the default priority dates asking green card applicants to apply for Adjustment of status. You may notice that the dates for some countries are different from others. You must log in or register to reply here. One of the most common reasons among MurthyDotCom and MurthyBulletin readers involves marriage plans. what happens when final action date is current? So , in order to best utilize this opportunity to get his greencard and EAD, what would be suggested course of action for him? If you are considering downgrading your petition from EB-2 to EB-3, read THIS ARTICLE. Assuming you do not have an I-485 pending from your EB3 case, AC21 portability is not really a factor (i.e. 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. 2023 Berardi Immigration Law. To make it easier for foreign nationals to track their place in line, U.S. Final Action Dates and Filing Dates are not the same, and you must know the differences if you are a green card applicant. Submit the required documentation and provide your best possible application. My interview was October 31st 2018 until this moment my status still remains at interview was scheduled i called them so many times and they would not give me any information. US Department of State introduced the concept of Final Action Dates and Dates for Filing only from October 2015 Visa Bulletin. If you have any questions, send us an email at [emailprotected]. No the office didn't say anything. RedBus2US.com 2010 - 2023, All Rights Reserved. Biometrics? GUIDE to Travel to US with valid Visa on Expired Passport ? The priority dates that were used before introduction of two separate dates are nothing but the final action dates. Your I-485 (green card application) will be denied. sell my timeshare now phone number what happens when final action date is current? Wells Fargo, Go to company page How are Green Card or Immigrant Visas count Reported, Predicted? The NVC receives the green card applications after the USCIS approves them. Someone usually must file an immigrant petition for you (often referred to as. You do not have a priority date set. I am in the same boat as you are. Not yet. If there are any exceptions for any month, they will specify them at www.uscis.gov/visabulletininfo to use filing dates. Retrogress? Attorneys at the Murthy Law Firm are available for consultation on these matters. 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. All Rights Reserved. The NVC uses Dates for Filing from Visa Bulletin to notify applicants to start submitting the documents and work with them for all the required steps to make them ready for green card interview. . 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. Difference Between Final Action Dates & Dates for Filing? From filing the petition and fees to dealing with Requests for Evidence and facilitating green card porting, VisaNation law group lawyers are here to take the stress out of your immigration process. To get in touch with our office, you can fill out this contact form and schedule a consultation with us today. These were all introduced as part of Obama plan for modernizing legal immigration in 2015. From project selection to the final green card, our experienced team assists and advises investors throughout the EB-5 process. Can his current employer C do something or he has to go back to previous employer A? If its 1 > year and if new perm is yet to start , it is upto USCIS agent to either keep your file on hold till new perm is approved or close it resulting in loosing spot if they assume that its been over a year and u havent filed 485 which means you are potentially not intersected in pursuing PR. This is called visa retrogression, which occurs when more people apply for a visa in a particular category . Even though the H-1B worker was able to extend the H-1B in three-year increments based upon the approved I-140 under AC21 Section 104(c), the worker will not be able to extend under 106(b) where the labor certification was filed after the worker began his or her sixth year of H-1B time. 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. Basically, October is when the fiscal year starts, and that is also when the number of total annual available Green Card numbers are divided by the Visa Office into monthly allotments. 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. Final Action Dates: Final action dates are determined by your Green Card category and chargeability area which is your country of origin. In many cases, the Date for Filing will be well before the Final Action Date, meaning that the alien applicants . I have read a couple of posts from people that said that took up to 3 months after PD became current. 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. 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. 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. 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. The case may be filed at a later time, as long as all requirements are met at the time of that later filing. USCIS is supposed to also enforce it, but I've never heard of a case where it happened. The final action dates or application final action dates are the dates when the actual green card numbers are available for that category & country of birth, so that the final Green Cards or immigrant visas can be issued. 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. See what other people are asking and the advice they're getting. A few differences can be seen between the Dates for Filing and Final Action Dates. The date on final action date is still in June 2016 so I made that assumption that it would take at least a year for my PD becomes current. Would the person risk loosing out filing for GC forever ? End of Sentence for Entering Canada with a Criminal Record? See below screenshot from USCIS Visa Bulletin filings charts webpage, where they ask applicants what date to use in a particular month. 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. There will either be a "C" or a date in the box where your column meets your row. 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. what happens when final action date is current? The reports including the total number of immigrant visa applicants are sent to the Visa Office every month. By NJ80, January 30, 2012 in AOS & CP : General. When can you Apply for H1B Visa Stamping after Petition Approval? First, when a fiscal year starts in October, Visa Office divides the total annual available Green Card numbers into monthly allotments. Citadel Securities, Go to company page 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. Well, if you are getting an employment-based green card, you may have heard of having the option to port your green card from one preference level to the next. 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. Stilt is committed to helping immigrants build a better financial future. Depending on how the above three numbers vary, you would see movement of the priority dates. Unfortunately there is way to tell how long it will take. 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. Interesting. People with this status are the ones that are reported to the Visa Office by the consulates for predictions for Visa numbers. Background for Dates for Filing & Final Action Dates. 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. In this article, we will look at the differences and how the different dates thing works. If priority date becomes current within first 1-2 months of joining company , is that a lost opportunity for that individual ? 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 visa bulletin is published by the U.S. Department of State each month and serves as a waiting list for foreign nationals whose immigrant visas are subject to a yearly quota. The reason is, most of the times USCIS receives enough number of applicants to fill the numerical limit of green cards for that year in the first one or two months, so they do not give option for early filing using Filing dates. The determination of the actual monthly final action dates is subject to fluctuations in applicant demand and a number of other variables impacting processing.
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