However, covid has brought special circumstances and filling and final action dates are moving fast for India.If one changes job , new company would start perm and it takes 1.3-1.5 years on an average to get perm approved from join date. So, Is my filing date Oct 2020 ?? Then it's time to move forward with the process of getting your immigrant visa or green card. But for your easy understanding, we have tried to simplify it as below. One of my friend is on H1b Visa and have I-140 approved from previous employer A under Eb2 category. Also, this is the Category that is printed on the physical Green Card that is issued to the applicant. 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? Thanks. You may also watch the YouTube video on Dates of Filing vs Final Action Dates that covers the details in this article. 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 adjust your status, you will need to submit an I-485 Application to Register Permanent Resident or Adjust Status with the USCIS, pay the fee that varies based on your age, and wait approximately six months to have it approved. senior housing bloomfield, nj. Hi , there has not been any movement in the Final action dates for F4 category in October and November. AC21 Job Change if Priority Date may Become Current Thanks. 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. These issues should be discussed with an experienced, qualified immigration attorney, who can provide guidance in such matters. If you are new to the Green Card process and have not heard some of the terms like country caps, priority dates or numerical limits, read Green Card Numerical Limits, Country Caps, Priority Date to get an idea. In fact, if you petitioned for a family-based or employment-based green card, you most certainly have a priority date. Visa Availability and Priority Dates | USCIS CONCEPT. 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). For each category and for each country, there is a date that is called the final action date. Current Priority Date - U.S. Embassy in Bangladesh . The date is current in DOF and USCIS allows: You can file i485, i765, and i131. USCIS approves the petition, thus making February 1, 2023 Manuel's Priority Date. If you are filing for adjustment from within the U.S., then you should immediately contact an attorney to prepare your Form I-485 and corresponding evidence. 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? Now that we have a full background, lets look at each of the terms dates of filing and final action dates: The dates for filing application or simply dates for filing in Visa bulletin are the earliest dates when Green Card Applicants may be able to apply for green card or immigrant visa. People with this status are the ones that are reported to the Visa Office by the consulates for predictions for Visa numbers. By NJ80, January 30, 2012 in AOS & CP : General. This behavior seems to be common. How Long To Wait for Your Priority Date to Become Current? Question: For those cases transferred to NBC, if the priority date is current under the "Final Action Date," please advise how an applicant could follow up with the USCIS. You do not have a priority date set. We will update this table when we receive more data from USCIS/DOS. Seek new employment if you have remaining H-1B time and file new PERM and I-140. Termination of Employment and Green Card Application 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. When you finally see a later date or the letter "C" on the "Dates for Filing" on the Visa Bulletin website, you will know that your priority date has become current. For example, in the Visa Bulletin for September 2019, under the F4 category (Brothers and Sisters of U.S. citizens), the Filing Date Table B Priority Date is 08MAR07 (March 8, 2007) while the Final Action Date Table A Priority Date is 01NOV06 (November 1, 2006). If an employer waits until the priority date is current to file the H1B extension, there is eligibility for only a one-year extension. Also, it doesnt provide any priority dates under the sub-categories level. First Notice of Action (NOA): 1 to 5 weeks. This is essentially where the DOS is when it comes to processing petitions. How Do I Know If USCIS Received My Application? Having to wait for a green card priority date to be current can be difficult, and you may want to see what your options are when it comes to shortening this waiting time. Santosh, Yes, that could be the reason, we do not know for sure. What should you do with your priority date? Could any gurus explain me what's going on. 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. 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. If priority date becomes current within first 1-2 months of joining company , is that a lost opportunity for that individual ? 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. October 2021 Visa Bulletin Insight: Retrogression Likely For Some what happens when final action date is current?filipino ethnocentrism 5 examples Yes! USCIS processes all I-485s. 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. Why do I get AOS interview before PD is current? Citizenship and Immigration Services local field offices are required to undertake the following steps: 1. Apply online for the loan amount you need. Furthermore, the Visa Office tends to aggregate the high-level Categories numbers for reporting and prediction, including EB-1, F1, and F2A. 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. Because the expiration date of the EAD will be tied to the . These were all introduced as part of Obama plan for modernizing legal immigration in 2015. It is not like other processing. immihelp.com is private non-lawyer web site. But, what happens when the immigrant visa finally becomes available and the priority date is current? If too many people from a single country petition for the same green card in one year, a backlog will build up, and the DOS will process petitions in order of their priority dates. If there are not enough applications to meet this numerical limit, the applicants will be asked to submit their adjustment of status applications using Dates for Filing. Priority Date: Current, Retrogressed, or Doesn't Matter? May 2022 Visa Bulletin Predictions - Path2USA Lets get started! The visa bulletin is made up of four charts: Notably, the employment-based and family-based charts are separated by final action dates and dates for filing.. NVC will also notify the applicants that their application is Documentarily complete. One other question, Do we have to take the medicals again because of the delay in final action dates, even after it was submitted (and accepted without RFE) before the completion of USCIS interview. 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. 2023 VisaNation, Inc. All Rights Reserved. They are asked by the USCIS to use the Dates for Filing in the first months of that current fiscal year. The Visa Bulletin is released by the U.S. Department of State every month. Can his current employer C do something or he has to go back to previous employer A? If one changes job , new company would start perm and it takes 1.3-1.5 years on an average to get perm approved from join date. 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. Green Card Priority Dates: What To Expect | The Complete Guide - VisaNation For some, this prevents opportunities for promotions and other career advancement. I agree. If the advancement is an unusual circumstance (such as occurred in the summer of 2007), waiting may be risky, as retrogression is highly likely. Lets look at an example: Martha is an Indian citizen waiting on an EB-3 green card with a priority date in March 2016. #workvisa #greencard #ead #485, Go to company page US Department of State publishes the Visa Bulletin every month that summarizes the green card numbers availability by category and movement of priority dates. See what other people are asking and the advice they're getting. The above final action date projections for the Family and Employment categories indicate what is likely to happen on a monthly basis through January. you'll need to file your I-485 application for adjustment of . Sooner or later, your Priority Date will become currentin other words, you will finally see a later date, or the letter "C" on the "Dates for Filing" Visa Bulletin chart. There are, however, overall risks in waiting for greatly extended periods of time, as explained below. So the bottom line is LUD never changed since August 05 and suddenly 4 LUD in past 10 days. 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. Thank you indian_ocean. USCISs goal is to have sufficient number of applications so that they can issue maximum number of green cards by end of year and they do not get wasted. The first chart, the "Application Final Action Dates" chart will list the priority dates that are current. Berardi Immigration Laws award-winning immigration lawyers bring experience and knowledge to your immigration case with a personal touch. 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. As mentioned above, labor certification filings are based on a specific job offer. Maybe I am just unlucky and you may have better luck. Did the officer told you that the only reason not to approve was your PD not being current? Adjustment of status is only available to those that are already in the U.S. under a nonimmigrant visa status (such as an H-1B, L-1, or K-1 visa). 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. 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. Speak with your immigration attorney to learn more. No the office didn't say anything. 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. We will look more details below, lets dive into the dates of filing and final action dates and how they move. 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. You may have heard of them or you may even be currently waiting for your priority date to be current right now. what happens when final action date is current? The Interview was in December. So what should you do if youre looking at decades of waiting time for your priority date. Your personal information is protected by our Privacy Policy. When will the National Benefits Center begin reporting Form I-485 processing times? what happens when final action date is current? The case may be filed at a later time, as long as all requirements are met at the time of that later filing. Below are the things that you can do depending on your situation. "C" means "current," in other words, that there is no more wait and you can file your adjustment application now. Final Action Dates shows the dates when a number of immigrant visas will be available for foreign nationals who have a current priority date during that month.