Usually, Dates for Filing are used during the fiscal years first few months, such as October and November. Beginning December 3, 2022, trademark applicants will have three months (with an optional three-month extension), instead of the current six months, to respond to office actions issued during the examination of a trademark application at the United States Patent and Trademark Office (USPTO). This site uses cookies to help personalise content, tailor your experience and to keep you logged in if you register. Other individuals may have suffered a denial at either the labor certification or the I-140 stage. Now, the "Date for Filing" determines whether or not you can submit the final immigrant visa application, and the "Final Action Date" indicates whether or not it is expected that an immigrant visa number will be available. 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. For others, it could be risky, potentially causing them to lose the opportunity for a long time. 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. 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. Your use of this website and our software platform are subject to VisaNation Inc.'s privacy policy and terms of use. The above final action date projections for the Family and Employment categories indicate what is likely to happen on a monthly basis through May. Assuming you do not have an I-485 pending from your EB3 case, AC21 portability is not really a factor (i.e. Categories: Green CardsLive In The USWork In The US, Tags: employment based green cardGreen_Card_Marriagevisa bulletin. The CAA, SoCon and Summit League are . When your final action date becomes current, you would see "Current" or "C" in the Visa Bulletin. but, they will 'hold off' on issuing an approval until it becomes current. How Are Green Card and Immigrant Visas Counts Reported? Anxiety prevails among those about to file after waiting for years. 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. with 15 years of experience practicing US immigration law providing services to U.S. businesses and multinational corporations. you'll need to file your I-485 application for adjustment of . How are Green Card or Immigrant Visas count Reported, Predicted? Citizenship and Immigration Services (USCIS) will not adjudicate your case until your priority date becomes current again. I hope you have received your green card by now! scripps institution of oceanography graduate programs; rosemont seneca advisors website This is not always the case, however when one is not yet married and wants to include the future spouse, for example. A priority date determines a person's position in line for an immigrant visa. 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. Equipment. Is it possible to continue to extend the H-1B? 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. 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. Here at VisaNation, we have helped countless people like yourself obtain their green cards. Interesting. For H-1B workers who have been subject to per-country visa limitations and unable to file an application to adjust status (I-485), you are probably familiar with the ability to continue to extend H-1B status beyond the six-year limit in three-year increments based on your approved I-140 immigrant petition. Because the expiration date of the EAD will be tied to the . Its all about the priority date. Now I hear this rule applies to I-485 stage as well. The applicants with status of Documentary complete are the ones that consulates report to Visa Office for Visa number predictions. There is also a risk of retrogression. Nov 2018 - Package sent - EB - Texas Service Center. Individuals from those countries facing a Green Card backlog are required to wait years, if not decades, for the Visa Bulletin to inform that priority The process of prediction is pretty complicated. This makes it possible to have more applications ready in the queue to meet the whole years demand. "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. However, there is a catch. 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. If case action was originally made with EB-2 number was available but the date retrogressed before the case could be adjusted, USCIS would request an EB-2 visa authorization. According to the current policy memo guiding adjudications, the clock starts ticking on the 180-day period as soon as the I-485 is appropriately filed with USCIS . mcgilley state line obituaries. This is an important date because once the immigrant visa number is available, the foreign nationals physical green card can be issued. You are using an out of date browser. Among these is one important series of questions concerning when one must file the adjustment of status (I-485) application. Your green card can only be approved if the PD date is current in the Final action chart. All rights reserved. 2271 Final Action [R-07.2015] Before a final action is in order, a clear issue should be developed between the examiner and the patent owner. If your filing date was current for 3+ years , you would have filed for AOS already right ? To calculate when your priority date may . Emily Neumann is Managing Partner at Reddy & Neumann, P.C. The National Visa Center (NVC) uses these dates to let green card applicants know that they can finally start getting qualified documentarily. Will this rapid movement be continue which help to move dates for filling become current? 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. 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. 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). One of the most common reasons among MurthyDotCom and MurthyBulletin readers involves marriage plans. Did the officer told you that the only reason not to approve was your PD not being current? Most likely, once your RFE is responded by you, then as soon as ur date becomes current in table, you should see 485 approved and GC delivered in same month when final action date is current. In employment-based green card cases, the entire basis for a case is the employers job offer. 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 ? Lets look at an example: Martha is an Indian citizen waiting on an EB-3 green card with a priority date in March 2016. USCIS allows green card applicants inside US to apply for adjustment of Status to get Green Card, when their priority date is current. 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. 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. 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. So, you will have to wait until the final action date matches or passes your priority date before you can receive a green card number. Citizenship and Immigration Services local field offices are required to undertake the following steps: 1. 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. Toronto, Ontario M5C 1C4 Sign and return that note if you wish to accept the loan offer. Historically priority date and final action dates have been close together so people have not been stuck in Step 1.5 for long; but this abrupt 5 year advancement in filing dates have also never . If they withdraw after 6 months of approval the PD based on that 140 can still be used. What do you think of the way ahead? If priority date becomes current within first 1-2 months of joining company , is that a lost opportunity . Not yet. If the dates for filing shows as Current or C, then it also means that there is no wait time to apply for visa interview at the US consulate abroad to get immigrant visa. As you read from above, there are many factors considered for prediction of the green card applications required to meet the numerical limit. First Notice of Action (NOA): 1 to 5 weeks. But, what happens when the immigrant visa finally becomes available and the priority date is current? The dates of filing may also be used by USCIS asking Green Card applicants in US to submit applications for Adjustment of Status. Legal services are provided by VisaNation Law Group PLLC, a Florida professional limited liability company. There are few scenarios on why dates for filing & final action dates move forward or backward. If you are terminated while both the I-140 and I-485 are pending with USCIS AND employer withdraws I-140 petition. Why is your priority date important? You can think these dates as if your position in queue has reached the end and you are ready to get the green card. Now you need to set up your repayment method. 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. For a better experience, please enable JavaScript in your browser before proceeding. Add your thoughts in comments below. Let's say that the priority date of the applicant is the 1st of December, 2010 and that the final action date is the 22nd of December, 2010. nagesh, This totally depends on the location, if you have already submitted medicals and if they would call for an interview. 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. Thanks. 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. 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. Not sure which I-485s are processed by NVC, do they do only consular processing or regular processing too? After you file the I-485, you will receive notification that the USCIS has received it. Travel to USA Processes, Samples, How to Guides, USCIS suggests which charts to use for filing adjustment of status, Green Card Numerical Limits, Country Caps, Priority Date, introduced the concept of two dates to align procedures, Obama plan for modernizing legal immigration in 2015, report of total number of immigrant visa (Green Card) applicants, video on Dates of Filing vs Final Action Dates, USCIS Visa Bulletin filings charts webpage, Trump Travel Ban for Immigrant Visa holders, https://visagrader.com/uscis-processing-times/i-485-eb, GUIDE to H1B Visa 2023 Lottery, Registration, Predictions, News, FAQs. This is not due to any prejudice on the part of the Department of State. Unfortunately It's in Uscis hands. While this sounds like an optimal situation and it is technically possible, there are some things to note before getting started. To bring the prosecution to a speedy conclusion and at the same time deal justly with the patent owner and the public, the examiner will twice provide the patent owner with such information and references . Those with questions regarding case timing and I-485 filings should seek advice from a knowledgeable and qualified immigration attorney. However, USCIS may excuse a failure to file in its discretion if the H-1B worker establishes that the failure to apply for adjustment of status was due to circumstances beyond his or her control. Lets get started! 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. So, you will have to wait until the final action date matches or passes your priority date before you can . In many cases, the Date for Filing will be well before the Final Action Date, meaning that the alien applicants . It has two charts: "Final Action Dates for Employment-Based Preference Cases" and "Dates for Filing of Employment-Based Visa Applications." Why Is It Longer For Some Countries Than Others? Looks like it is going to be a long wait even after the final action date becomes current. Also, Visa Bulletins after the first few months of the USCIS fiscal year will tell everyone to use final action dates. The date is current in DOF and USCIS allows: You can file i485, i765, and i131. Thanks. 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. HOW TO READ THE VISA BULLETIN // If you're trying to figure out how to read the visa bulletin, this video is for you. 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. . At this stage priority date between oct01-mar02 does not matter. Just passing by to tell that I finally understood the difference between these two, thank you so much!!! Se (re)sentir chez soi; Des proches rassurs; Rester actif rester vivant; RSIDENCES SENIORS. 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. Submit the required documentation and provide your best possible application. From project selection to the final green card, our experienced team assists and advises investors throughout the EB-5 process. 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. dave chappelle: the closer vinyl. In handling applications for adjustment of status where immigrant visa numbers have regressed, U.S. See what other people are asking and the advice they're getting. 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 . With the July 2020 bulletin out, Im excited to see how India EB1 final action dates are progressing. The priority date represents the foreign nationals place in line for a green card. All times are GMT-5. what happens when final action date is current? 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. Application Final Action Dates chart (consistent with previous Visa Bulletins) and; . 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. Also, they get the number of pending applications of adjustment of status from USCIS. This article will serve to educate you about what green card priority dates are, how they work, why the wait is so long, and what your options are when it comes to shortening your waiting time. How do I find out the status? Final Action Dates: Final action dates are determined by your Green Card category and chargeability area which is your country of origin. I was kinda excited today when I saw LUD but disappointed after seeing the same finger print messages. All Rights Reserved. Typically, an applicant receives their green card from USCIS 1 to 4 weeks after approval of the adjustment of status, which is step 4 in the AOS timeline below: Make Progress Today. The case may be filed at a later time, as long as all requirements are met at the time of that later filing. . 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. 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. NVC will also notify the applicants that their application is Documentarily complete. So , in order to best utilize this opportunity to get his greencard and EAD, what would be suggested course of action for him? Usually, you see USCIS ask applicants to use Dates for Filing in the beginning months of the Fiscal year start (October, November). Anyone knows how lawyers recommend handling this situation? It has Dates for Filing charts and Final Action Dates charts. #1. What happens when Final Action Date is current ? You can check https://visagrader.com/uscis-processing-times/i-485-eb to know processing times history by location. CONCEPT. The entire prediction process is quite difficult, so many people may not understand it. Final Action Dates and Dates for Filing are two different things, but what exactly are the differences between them? So what is a priority date? When will the National Benefits Center begin reporting Form I-485 processing times? 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! USCIS processes all I-485s. We hope this post was helpful in this regard so you can have a smooth application process. 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. 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. Soon youll have your loan offer. RedBus2US.com 2010 - 2023, All Rights Reserved. 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. According to the regulations revised in 2017, an H-1B worker is generally ineligible for continued extensions beyond the six year limit if he or she is the beneficiary of an approved I-140 immigrant petition and fails to file an adjustment of status application within 1 year of an immigrant visa being authorized for issuance based on his or her preference category and country of chargeability. These are the dates the National Visa Center (NVC) uses to notify green card applicants that they can start getting documentarily qualified. Hello, I am in India right now, my priority date is on 2010 October-EB2, i could not file my 485 now, do i loose the change to file ? While she was waiting, she obtained a masters degree in computer science. Because the number of green card applicants generally exceeds the available immigrant visas, foreign nationals are given priority dates when an initial immigrant petition or labor certification is filed. So the bottom line is LUD never changed since August 05 and suddenly 4 LUD in past 10 days. 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. STEP 2: Once the petition is approved an immigrant visa number is assigned to you. What should you do with your priority date? tui salary cabin crew. Another provision of AC21 may allow continued extensions of H-1B status in one-year increments according to Section 106(b). Not sure what a priority date means? The first route is called adjustment of status. Basically, documentarily complete means that NVC has received all basic documents, fees and the applicant is ready to be interviewed when priority dates become current for that applicant. Unless the priority date of the applicant is earlier than the visa bulletins listed Final Action Date, no green card can be issued. On that bulletin, people can see two types of dates: filing date charts and final action date charts. Qualified Immigrant Visa Applicants count received from US Consulates, Pending Adjustment of Status applicants count received from USCIS. 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. Lets look at them. Adjusting status to a lawful permanent resident of the United States is a big step! Emily has been quoted in Bloomberg Law, U.S. News & World Report, Inside Higher Ed, and The Times of India on various hot topics in immigration. No matter who you speak to along the immigration journey, one topic looms darkly over the conversation: priority dates. I am in the same boat as you are. However, that requires that the I-485 remain pending for at least 180 days. 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. 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. Yes. The good news is that many U.S. employers prefer premium processing, which will expedite the overall processing time. If she then petitions for an EB-2 green card in January 2019 and is approved, then her priority date will be retained at March 2016 rather than resetting to January 2019. 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. But I my h1b was approved without issues. B1/B2, H1, F1? When marriage plans are uncertain, it is not uncommon to defer the I-485 filing. I filed an SR online recently and got this response (in case anyone else is thinking of doing the same): What is a normal processing times from USCIS standpoint. Some countries have dates that move forward every month while others have dates that dont move at all or actually go backward in a process called retrogression. This change only applies to office actions issued on . 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. For example, July Visa Bulletin is most likely published between June 10 th and 15 th. Dates for Filing refers to the earliest dates that a green card applicant may apply for their green card. No names are reported, but only the counts of applicants with that status at a consulate or embassy are reported. 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. What is the best possible course of action for him thru his current employer C? Generally, the dates are 8 to 12 months before the expected Final Action Dates. For example, below is what was used in October 2020, where it says to use Dates for Filing. The priority date doesn't matter because there is no annual limit in your category. what happens when final action date is current?