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. Numerous questions have been generated by movement of the EB2 cutoff date for India and China, as reflected in the U.S. Department of State (DOS) visa bulletin during the early portion of fiscal year 2012 (FY12). 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. Oct 2020 bulletin , the filing date for India is Jan 1 2015 for EB3. 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 . Please note: These wait times can change every few weeks as USCIS/DOS receives more applications. Which priority date is 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. There is also a risk of retrogression. A green card cannot be issued unless the applicant . 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. Copyright 2011, MURTHY LAW FIRM. Also, for reporting and prediction, The Visa Office aggregates numbers on the high-level Categories like F1, F2A, EB-1 and does not give priority dates under sub-categories level. The entire prediction process is quite difficult, so many people may not understand it. There are a number of reasons that an individual may not be able to or chooses not to file his or her I-485 in the month that the priority date first becomes current. This behavior seems to be common. Why they move back and forth and how it impacts the priority dates. It will help them issue maximum number of Green Cards per year, without wasting them, as per Congress guidance. Thats why its always best to discuss your situation with a qualified and experienced immigration attorney to ensure that you are making the right decisions when it comes to your green card. For one, it is not porting in the sense that all of your forms and information will simply be transferred to another green card preference level. Your green card can only be approved if the PD date is current in the Final action chart. Lets get started! 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. It is necessary to be in the United States in order to file the I-485. 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. F2A: CURRENT (Spouse and under 21 children of Legal Permanent Residents) FX: CURRENT (F2A Cases with older priority dates) F2B: 22 SEP 2015 (Unmarried Sons/Daughters of Legal Permanent Residents) F3: 22 NOV 2008 (Married Sons/Daughters of U.S. Citizens) F4: 22 MAR 2007 (Brothers/Sisters of U.S. Citizens and their Spouses and under 21 Children) Dates of filing are used mainly during the first few months of the fiscal year start like in October, November to get more applications in pipeline for meeting the demand for the entire year. 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 Manuel had checked the Bulletin for February of 2023 . When applicants in the U.S. get a current priority date, the USCIS allows them to apply for an adjustment of status for a Green Card. If you are considering downgrading your petition from EB-2 to EB-3, read THIS ARTICLE. I-485 Approvals Possible: Impact on Spouses / Children without Filed I-485s. How Are Green Card and Immigrant Visas Counts Reported? 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 . My father petitioned my brother with a Priority Date of 10/28/2005. Berardi Immigration Laws award-winning immigration lawyers bring experience and knowledge to your immigration case with a personal touch. I hope they become current soon! 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 means that do not abandon . In some cases, a delay in filing simply means that the case moves forward a month or a few months later, with no other significant difference. This is an important date because once the immigrant visa number is available, the foreign national's physical green card can be issued. Not sure which I-485s are processed by NVC, do they do only consular processing or regular processing too? How to Check US Visa Status Online? They usually look at their pending applicants count with them and forecast, if they have any shortage of applications. 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. Any idea how long it takes to get gree card interview with current covid situation my Attorney says it takes 12 months any body did receive recently green card please share. Microsoft, Go to company page People can find out from www.uscis.gov/visabulletininfo which dates they should use to submit applications for adjustment of status. It may not display this or other websites correctly. Copyright 1999-document.querySelector("#footer-year").innerHTML=new Date().getFullYear(); immihelp.com. Usually, if you see Visa Bulletin after the USCIS fiscal year starts after first couple of months(Oct, Nov), USCIS asks everyone to use final action dates. Just handed me a white paper which had a few options and the option which said 'we are unable to make a decision now was checked'. #1. Your use of this website and our software platform are subject to VisaNation Inc.'s privacy policy and terms of use. If USCIS determines there are more immigrant visas available for a fiscal year than there are known applicants for such visas, it will allow foreign nationals to use theDates for Filing chart. NVC will also notify the applicants that their application is Documentarily complete. scripps institution of oceanography graduate programs; rosemont seneca advisors website Hire Us. Here at VisaNation, we have helped countless people like yourself obtain their green cards. 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. 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. nagesh, This totally depends on the location, if you have already submitted medicals and if they would call for an interview. If a person does not file in December 2011, therefore, even though s/he could do so, the opportunity is not . 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. #2 Final Action Date Chart. Background for Dates for Filing & Final Action 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. Anxiety prevails among those about to file after waiting for years. Hi , there has not been any movement in the Final action dates for F4 category in October and November. From project selection to the final green card, our experienced team assists and advises investors throughout the EB-5 process. The other option is to go through consular processing, which involves making an appointment with the U.S. Consulate or Embassy in your home country. Santosh, Yes, that could be the reason, we do not know for sure. What do you think of the way ahead? USCIS is supposed to also enforce it, but I've never heard of a case where it happened. How Do I Know Which USCIS Service Center? 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. If you're an immediate relative of a U.S. citizen, you don't need to track the Visa Bulletin. Assuming you do not have an I-485 pending from your EB3 case, AC21 portability is not really a factor (i.e. Filing Date vs Final Action Dates: Visa Bulletin? Yes. 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. JavaScript is disabled. 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. New, Renewal? Other individuals may have suffered a denial at either the labor certification or the I-140 stage. [There is an exception to this under the American Competitiveness in the Twenty First Century Act (AC21). Difference between Final Action Dates and Dates for Filing. he doesnt have I140 approved from current employer C yet. If the job offer is lost or the business shuts down prior to the I-485 filing, the case will end. 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. PD Date is current in DOF but USCIS disallows: You cannot do anything. 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. No the office didn't say anything. It is essentially like starting over from scratch. 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. Also, this is the Category that is printed on the physical Green Card that is issued to the applicant. When your final action date becomes current, you would see "Current" or "C" in the Visa Bulletin. My Priority Date is Current, Am I Eligible for Additional H-1B Extensions? Medallia. 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. Instead, you can contact the NVC and ask for the appropriate instructions. Those with questions regarding case timing and I-485 filings should seek advice from a knowledgeable and qualified immigration attorney. If priority date becomes current within first 1-2 months of joining company , is that a lost opportunity for that individual ? 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. Unfortunately It's in Uscis hands. They can do the interview before the final action date is current . Can his current employer C do something or he has to go back to previous employer A? However, here is the general application process that most applicants will go through: 1. In many cases, the Date for Filing will be well before the Final Action Date, meaning that the alien applicants . USCIS approves the petition, thus making February 1, 2023 Manuel's Priority Date. Concurrently, these reports are obtained from the U.S. consulates and Embassies from all over the world. If your application meets the eligibility criteria, the lender will contact you with regard to your application. HOW TO READ THE VISA BULLETIN // If you're trying to figure out how to read the visa bulletin, this video is for you. For example, July Visa Bulletin is most likely published between June 10 th and 15 th. It is not like other processing. what happens when final action date is current? USCIS processes all I-485s. US Department of State introduced the concept of Final Action Dates and Dates for Filing only from October 2015 Visa Bulletin.
what happens when final action date is current?
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