you'll need to file your I-485 application for adjustment of . Copyright 2011, MURTHY LAW FIRM. Citadel Securities, Go to company page Thank you indian_ocean. Speak with your immigration attorney to see if green card porting is appropriate for your case. 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. PD Date is current in DOF but USCIS disallows: You cannot do anything. what does y mean in rubik's cube algorithms . 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. Seek new employment if you have remaining H-1B time and file new PERM and I-140. Not sure what a priority date means? 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. This can be a significant risk, particularly in a period of economic instability. 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). 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 ? We hope this post was helpful in this regard so you can have a smooth application process. 1. Historical counts of Denials, Abandonments and withdrawals. Applicants require this information so they can file a Service Request if the Form I . See what other people are asking and the advice they're getting. If your category is current, then you can move forward with adjusting your status or consular processing as soon as your petition has been approved. A green card cannot be issued unless the applicant . With the July 2020 bulletin out, Im excited to see how India EB1 final action dates are progressing. I am now waiting for the perm approval in my curret company. For a visa to be available, the applicant's priority date must be prior to the Final Action Date listed on the applicable section of the visa bulletin. mcgilley state line obituaries. Equipment. London TW1 1JT Age at Time of Visa Availability Pending Time = CSPA Age Approval Date Filing Date = Pending Time. Anyone waiting to receive an employment-based or family-based green card is likely already familiar with the visa bulletin. [There is an exception to this under the American Competitiveness in the Twenty First Century Act (AC21). what happens when final action date is current? US Department of State introduced the concept of Final Action Dates and Dates for Filing only from October 2015 Visa Bulletin. She is a member of the American Immigration Lawyers Association and Society for Human Resource Management. Not affiliated with any government agency. 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. 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 . This is not to be confused with a change of status or a transfer of status, which are different processes entirely. Learn what others are saying about us on Google, Yelp, and Facebook or visit us at https://www.stilt.com. GUIDE to Travel to US with valid Visa on Expired Passport ? Delaying ones filing can also delay eligibility for promotions and job changes. You don't have to wait for the government to call you after you notice this. Not yet. This is essentially where the DOS is when it comes to processing petitions. JavaScript is disabled. That's great! They will also work with US consulates to schedule immigrant visa interview for these applicants based on the final action dates. People can find out from www.uscis.gov/visabulletininfo which dates they should use to submit applications for adjustment of status. 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. Thanks. 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. 2. You can think these dates as if your position in queue has reached the end and you are ready to get the green card. Also, similarly one can file green card applications with USCIS without waiting. NVC will also notify the applicants that their application is Documentarily complete. This is essentially where the DOS is when it comes to processing petitions. 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. Hi , there has not been any movement in the Final action dates for F4 category in October and November. senior housing bloomfield, nj. It is not like other processing. or i can file anytime after I come over to USA ? nagesh, This totally depends on the location, if you have already submitted medicals and if they would call for an interview. 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. I hope this is not . 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. Lets review, what dates for filing mean for NVC, Consulates and USCIS. 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 . As you read from above, there are many factors considered for prediction of the green card applications required to meet the numerical limit. Lets review, what they mean for NVC, Consulates and USCIS. You do not have a priority date set. After you file the I-485, you will receive notification that the USCIS has received it. Unfortunately there is way to tell how long it will take. Most of the time, the NVC uses the dates for filing to let immigrant visa applicants know that they should get ready to submit the relevant documentation for their interviews at the U.S. Consulates. Citizenship and Immigration Services (USCIS) will not adjudicate your case until your priority date becomes current again. I guess you've got no I-485 RFE ? If there are any exceptions for any month, they will specify them at www.uscis.gov/visabulletininfo to use filing dates. It will help them issue maximum number of Green Cards per year, without wasting them, as per Congress guidance. 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. Final Action Dates: Final action dates are determined by your Green Card category and chargeability area which is your country of origin. 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 . Lets get started! 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. Moreover, the job offer must generally continue to exist throughout the life of the case, and it is expected that the foreign national will continue to work in the sponsored employment for a reasonable period following approval of the I-485. 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. Anxiety prevails among those about to file after waiting for years. 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. You can choose an autopay method online to help you pay on time every month. What happens when Final Action Date is current ? Many applicants want to file on the first day of the month in which their priority dates become current. This is the same case with current October 2020 Visa Bulletin as well. I agree. Generally, the dates are 8 to 12 months before the expected Final Action Dates. All Rights Reserved. These were all introduced as part of Obama plan for modernizing legal immigration in 2015. 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. Toronto, Ontario M5C 1C4 Your personal information is protected by our Privacy Policy. There will either be a "C" or a date in the box where your column meets your row. Hire Us. The Visa Bulletin is released by the U.S. Department of State every month. 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. Furthermore, the Visa Office tends to aggregate the high-level Categories numbers for reporting and prediction, including EB-1, F1, and F2A. 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. Countries that submit fewer petitions than the limit will see their final action dates move forward. No names are reported, but only the counts of applicants with that status at a consulate or embassy are reported. 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. I would like to know if I really need to have an attorney by my side to help in this process or I can do it myself ? 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.. With that, the Indian final action date is finally current, although it's unclear how long-lived this status will be. Cannot be construed as legal advice. With the layoffs at NBC I dont see it happening anytime soon. The Department of State usually releases new visa bulletin two to three weeks ahead. If your filing date was current for 3+ years , you would have filed for AOS already right ? The Dates for Filing are the earliest dates green card applicants may apply for a green card. The case may be filed at a later time, as long as all requirements are met at the time of that later filing. This site uses cookies to help personalise content, tailor your experience and to keep you logged in if you register. The information contained on this website is for general information purposes only and is not a substitute for legal advice and does not create an attorney-client relationship. Where the adjustment of status could not be filed because the H-1B worker is no longer with the original sponsor, it will be up to the discretion of USCIS to decide whether this qualifies as a circumstance beyond the workers control in order to grant a one-year H-1B extension. 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. Because the expiration date of the EAD will be tied to the . 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. It may be helpful to document the steps the new employer has taken to file a labor certification on behalf of the employee. Why Is It Longer For Some Countries Than Others? Will this rapid movement be continue which help to move dates for filling become current? This is a great space to write long text about your company and your services. Hi. Speak with your immigration attorney to learn more. 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. 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. When the dates for filing show as C or Current, it means that the foreigner doesnt have to wait anymore to apply for a visa interview at the U.S. consulate in their country for the immigrant visa. 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.