what happens when final action date is current? what happens when final action date is current?

A green card cannot be issued unless the applicants priority date is earlier that the Final Action Date listed on the visa bulletin. 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. This change only applies to office actions issued on . We responded to the RFE in a month and Interview was scheduled in October. 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). Legal services are subject to a separate attorney agreement between VisaNation Law Group PLLC (formerly SGM Law Group PLLC) and you. Did the officer told you that the only reason not to approve was your PD not being current? This is a process by which you can adjust your status from nonimmigrant to immigrant. With the July 2020 bulletin out, Im excited to see how India EB1 final action dates are progressing. 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. Just passing by to tell that I finally understood the difference between these two, thank you so much!!! But, what happens when the immigrant visa finally becomes available and the priority date is current? 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. Apply online for the loan amount you need. Historical counts of Denials, Abandonments and withdrawals. Stronger applications get better loan offers. Cannot be construed as legal advice. Co. 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. Green card applicants will be informed by the NVC when they will get current priority dates based on the Visa Bulletins Final Action Dates. Copyright 2011, MURTHY LAW FIRM. 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. We will look more details below, lets dive into the dates of filing and final action dates and how they move. In handling applications for adjustment of status where immigrant visa numbers have regressed, U.S. Questions such as this, about delaying the I-485 filing, are addressed here for the benefit of MurthyDotCom and MurthyBulletin readers. This is because the marriage green card is in a separate category called immediate family. There are few scenarios on why dates for filing & final action dates move forward or backward. Once the USCIS receives the petition, that date will be your priority date. 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. Usually, Dates for Filing are used during the fiscal years first few months, such as October and November. With that, the Indian final action date is finally current, although it's unclear how long-lived this status will be. They are asked by the USCIS to use the Dates for Filing in the first months of that current fiscal year. 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. The dates for filing are typically used by National Visa Center (NVC) to notify immigrant visa applicants (green card applicants), who are outside of US to prepare themselves and submit all the relevant documents required for the Green Card Visa Interview at US Consulates. Usually, you see USCIS ask applicants to use Dates for Filing in the beginning months of the Fiscal year start (October, November). 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. They can also file applications for green cards with USCIS without having to wait. Also, if you are in the process of considering petitioning for a green card, the idea of having to wait decades could be terrifying. Will this rapid movement be continue which help to move dates for filling become current? If the final action dates chart shows as Current or C, then it means that there is no wait time in the green card queue. If you take a look at the Department of States monthly visa bulletin, you may be surprised to see that there is no section for marriage-based green cards under the family immigration section. Im a firm believer that information is the key to financial freedom. tula tungkol sa magsasaka at mangingisda; When your final action date becomes current, you would see "Current" or "C" in the Visa Bulletin. 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? This is essentially where the DOS is when it comes to processing petitions. You can find your priority date on the I-797 form mailed by USCIS approving your I-130 petition. 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. Retrogress? After you file the I-485, you will receive notification that the USCIS has received it. 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. This is what makes the date so important. We hope this post was helpful in this regard so you can have a smooth application process. If one is able to overcome the reasons for the denial, typically through an appeal or a motion to reopen, s/he (and all dependent family members) may be able to file the I-485 at a later time. You may have heard of them or you may even be currently waiting for your priority date to be current right now. 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. At a Glance: The entire Form I-485 process typically takes 8 to 14 months from the time of filing but there are key steps along the way that you should be aware of. If you are considering downgrading your petition from EB-2 to EB-3, read THIS ARTICLE. No. This is called visa retrogression, which occurs when more people apply for a visa in a particular category . Final Action Dates and Filing Dates are not the same, and you must know the differences if you are a green card applicant. Thus, delaying the I-485 means being tied to the particular employment for a longer duration. Things going very interesting for me too. There is also a risk of retrogression. Soon youll have your loan offer. The greatest risk in delaying is that the opportunity may be lost. The Form I-485 processing time is long, and the wait can be difficult. This is not due to any prejudice on the part of the Department of State. 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. Once NVC receives all the documents in step 9 and they will mark them as Documentarily Complete. Also note that if the accrual of the 1-year period is interrupted by the unavailability of an immigrant visa, such as when a priority date becomes current and later retrogresses, a new 1-year period starts when the priority date becomes current again. When the number of immigrant visas is finally available, the foreign national can reach one of the important green card process steps where their physical visa can be finally issued. This site uses cookies to help personalise content, tailor your experience and to keep you logged in if you register. Here at VisaNation, we have helped countless people like yourself obtain their green cards. There has been no movement on my case so far. 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. Many are in this situation as the USCIS has been so slow in approving adjustment applications even when the Final Action Dates have been current for several months. 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. It is the day that the USCIS receives your green card petition. Youll have to compare your priority date to the final action dates that are posted in the visa bulletin. See what other people are asking and the advice they're getting. If Manuel had checked the Bulletin for February of 2023 . Its all about the priority date. The National Visa Center (NVC) uses these dates to let green card applicants know that they can finally start getting qualified documentarily. A priority date determines a person's position in line for an immigrant visa. I-485 Issues Common to All Services Centers, Visa Bulletin and Priority Dates Retrogression Iss. It is not like other processing. What happens when an applicant has an EB-2 case pending but subsequently moves to EB-3 for a more advantageous final action date? Your personal information is protected by our Privacy Policy. Anxiety prevails among those about to file after waiting for years. Countries that submit fewer petitions than the limit will see their final action dates move forward. Assuming you do not have an I-485 pending from your EB3 case, AC21 portability is not really a factor (i.e. This can either be through your current employer or with a new one. No names are reported, but only the counts of applicants with that status at a consulate or embassy are reported. Not only that, but they also receive the pending adjustment of status application number from the USCIS. 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. The dates of filing may also be used by USCIS asking Green Card applicants in US to submit applications for Adjustment of Status. IMPORTANT UPDATE: There is a significant advancement of Priority Dates in EB-3 India category in October 2020VISA BULLETIN. Make sure to get a copy of 140 from your employer. 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. 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). 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. The Department of State usually releases new visa bulletin two to three weeks ahead. Also, they enable the applicants to submit their important documents and their permanent residence application before the government can approve it. Is it because of the visa bank and interviews not being scheduled? Lets look at them. How VisaNation Law Group Attorneys Can Help. When my father died in 2013, I reported to my lawyer and I dont know now what the lawyer did. If a person does not file in December 2011, therefore, even though s/he could do so, the opportunity is not necessarily lost. 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. 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). 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. These are the dates the National Visa Center (NVC) uses to notify green card applicants that they can start getting documentarily qualified. 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 must wait until your priority date is current with the final action dates posted by the Department of Homeland Security. This page was generated at 05:29 PM. All rights reserved. In reality, your employer will need to file an completely new petition, fees, and obtain a new PERM Labor Certification on your behalf. What do you think of the dates for filing and final action dates movement? Both routes can be advantageous based on your situation. A physician who is subject to the J-1 two-year home return requirement generally has to delay the I-485 filing while s/he meets the terms of the waiver by working in an underserved area for three years. Watch this thread Start a new thread Add a post. 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. The Visa Bulletin is released by the U.S. Department of State every month. 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. Those with questions regarding case timing and I-485 filings should seek advice from a knowledgeable and qualified immigration attorney. We will update this table when we receive more data from USCIS/DOS. A lot depends on what is the current age of your child and how soon it can get current in the EB2 final action chart. There is no actual time limit governing how long a person could wait to move forward with an I-485 filing. I have H4/L2 Kid under 21 years: In cases of H4 children, we strongly suggest filing a new EB2 i485 always. No matter who you speak to along the immigration journey, one topic looms darkly over the conversation: priority dates. Submit the required documentation and provide your best possible application. Hi, For the purpose of explaining my question lets assume an individuals EB2 priority date is Feb 1, 2010 The Dates for Filing Application for that category is March 1, 2010 The Final Action Dates for that category is December 1, 2009. You are using an out of date browser. 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. The loan then gets disbursed into your U.S. bank account within a reasonable number of days (some lenders will be as quick as 2-3 business days). I was kinda excited today when I saw LUD but disappointed after seeing the same finger print messages. Spray Foam Equipment and Chemicals. The priority date is earlier (before) the final action date. 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. 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). or i can file anytime after I come over to USA ? So , in order to best utilize this opportunity to get his greencard and EAD, what would be suggested course of action for him? However, there is a catch. It has two charts: "Final Action Dates for Employment-Based Preference Cases" and "Dates for Filing of Employment-Based Visa Applications." If your priority date is on or before the cutoff date . If the job offer is lost or the business shuts down prior to the I-485 filing, the case will end.