They can't width draw if its more than 6 months old, @Oracle $$$$$ : lawyers suggest that it is expected that petitioner would file for 485 adjustment within a year of date becoming current . 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! Advisory Action not mailed until after end of three months from mailing date of Final Office Action In this case, extension fees are calculated from the Advisory Action mailing date . If an employer waits until the priority date is current to file the H1B extension, there is eligibility for only a one-year extension. As you read from above, there are many factors considered for prediction of the green card applications required to meet the numerical limit. GUIDE to Travel to US with valid Visa on Expired Passport ? Add your thoughts in comments below. Unfortunately, if you previously filed your I-485 adjustment of status application but your priority date has retrogressed and is no longer current, the U.S. End of Sentence for Entering Canada with a Criminal Record? Below are some of the common differences between final action dates and dates for filing applications. How are Green Card or Immigrant Visas count Reported, Predicted? For Consular processing Green Card applicants, after the green card application ( form I-130 or I-140 ) is approved by USCIS, it is sent to National Visa Center(NVC) for next steps. 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. That is when the priority date is said to be current: For instance, Dates for Filing are used for early preparation by USCIS or NVC to ensure that there are enough applications waiting in the queue for a certain fiscal year. meaning that the priority date must be current. Adjusting status to a lawful permanent resident of the United States is a big step! Answer (1 of 3): Green Card The steps you must take to apply for a Green Card will vary depending on your individual situation. What should you do with your priority date? You can think these dates as if your position in queue has reached the end and you are ready to get the green card. In employment-based green card cases, the entire basis for a case is the employers job offer. JavaScript is disabled. In handling applications for adjustment of status where immigrant visa numbers have regressed, U.S. An individual in this situation would need to file an adjustment of status and use the employment authorization (EAD) card received based on that application in order to continue to work. 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. No. . When marriage plans are uncertain, it is not uncommon to defer the I-485 filing. Your name check needs be cleared by the time they take your I-485 file. tui salary cabin crew. 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. More information on this topic can be found on MurthyDotCom in our NewsBrief, I-485 Approvals Possible: Impact on Spouses / Children without Filed I-485s (22.Apr.2011). See below screenshot from the same page, where they ask applicants to use Final Action dates for September 2020. 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. One of my friend is on H1b Visa and have I-140 approved from previous employer A under Eb2 category. here the Filing date, Is this the date of i-485 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. Dates for Filing in Visa Bulletin Explained, Final Action Dates in the Visa Bulletin Explained, given Green Card Category Codes to identify. It may be many years before her priority 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. Citizenship and Immigration Services local field offices are required to undertake the following steps: 1. Once the USCIS receives the petition, that date will be your priority date. it deals with people transferring employers after an I-485 has been pending for at least 180 days.) 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. 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 get in touch with our office, you can fill out this contact form and schedule a consultation with us today. Santosh, Yes, that could be the reason, we do not know for sure. Else you will have to get it via FOIA, This is right. When you see that your Priority Date is current on the "Dates for Filing . 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. But at the same time, I don't want to miss the priority date of Dec 2008 and also would like to receive the GC without any issues. 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. Don't hold your breath. 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 ? Parafia pw. 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. 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. 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. Age at Time of Visa Availability Pending Time = CSPA Age Approval Date Filing Date = Pending Time. I guess you've got no I-485 RFE ? Hire Us. No matter who you speak to along the immigration journey, one topic looms darkly over the conversation: priority dates. Is it possible to continue to extend the H-1B? 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. All Rights Reserved. immihelp.com is private non-lawyer web site. what happens when final action date is current? 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). 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. This means that do not abandon . A green card cannot be issued unless the applicant . How to Apply for H4 EAD? How do I find out the status? youll need to file your I-485 application for adjustment of status within one year of your Final Action Date becoming current (if outside the US, you would need to apply for an immigrant visa within one year). 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. What is Dates for Filing in Visa Bulletin? It may be helpful to document the steps the new employer has taken to file a labor certification on behalf of the employee. . 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. When can you Apply for H1B Visa Stamping after Petition Approval? 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. The applicants with status of Documentary complete are the ones that consulates report to Visa Office for Visa number predictions. Najwitszej Maryi Panny Krlowej Polski > Bez kategorii > what happens when final action date is current? For a better experience, please enable JavaScript in your browser before proceeding. 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. IMPORTANT UPDATE: There is a significant advancement of Priority Dates in EB-3 India category in October 2020VISA BULLETIN. What happens when an applicant has an EB-2 case pending but subsequently moves to EB-3 for a more advantageous final action date? 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. 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. 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 . Still, after your priority date becomes current in the "Application Final Action Dates" chart, you will have one year to pursue your visa or green card. How VisaNation Law Group Attorneys Can Help. Learn what others are saying about us on Google, Yelp, and Facebook or visit us at https://www.stilt.com. This bulletin reveals how many green cards are available for each category and also shows priority dates. Our experience suggests that very often an I-485 application will be adjudicated (approved) or issued a request for evidence (if required) within two to four . 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. His previous employer is unable to take him back untill they have a new job for him. 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 ? You must log in or register to reply here. When your final action date becomes current, you would see Current or C in the Visa Bulletin. This is what makes the date so important. Attorneys at the Murthy Law Firm are available for consultation on these matters. 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. These will predict how many Green Cards will be available for the following months until the fiscal year ends. Note that, while your priority date is set and does not move, the final action dates change from month to month. Both routes can be advantageous based on your situation. 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. It is essentially like starting over from scratch. Everyone from that specific country and category can file for their green card and enjoy quick processing. Legal services are subject to a separate attorney agreement between VisaNation Law Group PLLC (formerly SGM Law Group PLLC) and you. On the other hand, when cutoff dates are moving forward routinely, there is less likelihood of significant and extended retrogression. I-485 Approvals Possible: Impact on Spouses / Children without Filed I-485s. Usually, Dates for Filing are used during the fiscal years first few months, such as October and November. Specialty Occupations (H-1B and H-1B1 Visas), Treaty Traders or Investors or Australian Professionals (E Visas), Temporary and Seasonal Workers (H-2A and H-2B), EB-1B Outstanding Professors and Researchers, EB-1C Multinational Managers and Executives, Physical Therapist or Registered Nurse (Schedule A), EB-3 Professional, Skilled Worker, Other Worker, Litigation, Notice of Intent to Deny, Notice of Intent to Revoke, Request for Evidence. I hope you have received your green card by now! To make it easier for foreign nationals to track their place in line, U.S. I have filed under niw eb2. This change only applies to office actions issued on . I hope this is not . How Are Green Card and Immigrant Visas Counts Reported? Stronger applications get better loan offers.
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