This option is available to all but mandatory for those that are not under a nonimmigrant visa status at the time of the approval of their petition. Guide How does it work? No matter who you speak to along the immigration journey, one topic looms darkly over the conversation: priority dates. 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. "C" means "current," in other words, that there is no more wait and you can file your adjustment application now. . 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). 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. My filing date is current for 3+ years now. but, they will 'hold off' on issuing an approval until it becomes current. what does y mean in rubik's cube algorithms . Below are the things that you can do depending on your situation. Nov 2018 - Package sent - EB - Texas Service Center. 2. If you are terminated while both the I-140 and I-485 are pending with USCIS AND employer withdraws I-140 petition. Usually, you see USCIS ask applicants to use Dates for Filing in the beginning months of the Fiscal year start (October, November). What happens when Final Action Date is current ? Spray Foam Equipment and Chemicals. Age at Time of Visa Availability Pending Time = CSPA Age Approval Date Filing Date = Pending Time. On the other hand, when cutoff dates are moving forward routinely, there is less likelihood of significant and extended retrogression. CANADA, 5 Kenley Road All of the high-level categories usually have several sub-categories that are given Green Card Category Codes to identify, including IR1, E12, E11, and others. The determination of the actual monthly final action dates is subject to fluctuations in applicant demand and a number of other variables impacting processing. They usually look at their pending applicants count with them and forecast, if they have any shortage of applications. In order to be eligible to file an H-1B extension beyond the six-year limit after your priority date (Final Action Date) becomes current. A green card cannot be issued unless the applicant . B1/B2, H1, F1? 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. Because the expiration date of the EAD will be tied to the . 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). You are using an out of date browser. For instance, Dates for Filing are used for early preparation by USCIS or NVC to ensure that there are enough applications waiting in the queue for a certain fiscal year. This is where the DOS Visa Bulletin comes into the picture. But what is the difference between them? In the Visa Bulletin, the Dates for Filing or Dates for Filing Application refer to the earliest dates when people who apply for Green Cards are finally allowed to apply for their immigrant visa or green card. How to Apply for H4 EAD? Most people that petition for a green card have a priority date. First, when a fiscal year starts in October, Visa Office divides the total annual available Green Card numbers into monthly allotments. In fact, if you petitioned for a family-based or employment-based green card, you most certainly have a priority date. I-140 petitions do not expire. provided the dates are not moved backward.. Whats the prediction going forward at least for EB3 category? 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. So, you will have to wait until the final action date matches or passes your priority date before you can . This is the same case with current October 2020 Visa Bulletin as well. Everyone from that specific country and category can file for their green card and enjoy quick processing. 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. With the layoffs at NBC I dont see it happening anytime soon. Even though the H-1B worker was able to extend the H-1B in three-year increments based upon the approved I-140 under AC21 Section 104(c), the worker will not be able to extend under 106(b) where the labor certification was filed after the worker began his or her sixth year of H-1B time. JavaScript is disabled. You can use this space to go into a little more detail about your company. When marriage plans are uncertain, it is not uncommon to defer the I-485 filing. Start new topic. Copyright 1999-document.querySelector("#footer-year").innerHTML=new Date().getFullYear(); immihelp.com. The greatest risk in delaying is that the opportunity may be lost. Submit the required documentation and provide your best possible application. There is also a risk of retrogression. The Visa Office (VO) that is part of US Department of State (DOS) handles the green card numbers reporting and prediction. 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. They can do the interview before the final action date is current . 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. Not sure what a priority date means? Berardi Immigration Laws award-winning immigration lawyers bring experience and knowledge to your immigration case with a personal touch. While it is permissible to file the I-485 as soon as one's priority date becomes current, this is not a requirement. If its 1 > year and if new perm is yet to start , it is upto USCIS agent to either keep your file on hold till new perm is approved or close it resulting in loosing spot if they assume that its been over a year and u havent filed 485 which means you are potentially not intersected in pursuing PR. 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. During h1b transfer, the lawyer of the new company said my h1b could be denied because of this rule. However, that requires that the I-485 remain pending for at least 180 days. If they withdraw after 6 months of approval the PD based on that 140 can still be used. It is not like other processing. We responded to the RFE in a month and Interview was scheduled in October. The job offer must exist at the time of the I-485 filing. When your final action date becomes current, you would see "Current" or "C" in the Visa Bulletin. By NJ80, January 30, 2012 in AOS & CP : General. The applicants with status of Documentary complete are the ones that consulates report to Visa Office for Visa number predictions. his priority date is Nov 2014. It is the day that the USCIS receives your green card petition. 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). When assessing this risk, it is necessary to consider the reason for the cutoff date advancement. Just keep waiting. 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. 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. I was kinda excited today when I saw LUD but disappointed after seeing the same finger print messages. If the job offer is lost or the business shuts down prior to the I-485 filing, the case will end. 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. These requests for H-1B extensions are made under the provisions of Section 104(c) of the American Competitiveness in the 21st Century Act (AC21). 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. That's a wealth of information. Learn what others are saying about us on Google, Yelp, and Facebook or visit us at https://www.stilt.com. 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. Citadel Securities, Go to company page Stronger applications get better loan offers. I hope you have received your green card by now! Hire Us. When your final action date becomes current, you would see Current or C in the Visa Bulletin. 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. Travel abroad is another common reason that individuals are not always able to file their I-485s immediately when the priority date becomes current. 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 https://www.uscis.gov/green-card/green-card-processes-and-procedures/child-status-protection-act-cspa, A doubt about the age calculation in CSPA. Provide any additional information if required. The National Visa Center (NVC) uses these dates to let green card applicants know that they can finally start getting qualified documentarily. Questions such as this, about delaying the I-485 filing, are addressed here for the benefit of MurthyDotCom and MurthyBulletin readers. 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. USCIS processes all I-485s. you'll need to file your I-485 application for adjustment of . There are few scenarios on why dates for filing & final action dates move forward or backward. 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. My interview was October 31st 2018 until this moment my status still remains at interview was scheduled i called them so many times and they would not give me any information. Any idea how long it takes to get gree card interview with . All times are GMT-5. With Final Action Dates, when they show as C or Current, it means that there isnt any wait time in the queue for green cards. 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. 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! 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'. check out the. Lets take a look at the example again: Martha applied for an EB-3 as a software developer. I-140s that are sent to the State Department for consular processing purposes are held at the National Visa Center (NVC), Most decent employers never withdraw 140. Immediate relatives include: Immigrant visas for immediate relatives of U.S. citizens are unlimited, so they are always available.. Stilt provides loans to international students and working professionals in the U.S. (F-1, OPT, H-1B, O-1, L-1, TN visa holders) at rates lower than any other lender. If you're an immediate relative of a U.S. citizen, you don't need to track the Visa Bulletin. Depending upon the movement of the cutoff dates, and any other delays or problems that arise in the I-485 case, this means that it may be necessary to file the H1B extension again in just one year. 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. 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). I have read a couple of posts from people that said that took up to 3 months after PD became current. 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. Historical counts of Denials, Abandonments and withdrawals. tui salary cabin crew. USCIS is supposed to also enforce it, but I've never heard of a case where it happened. Unfortunately It's in Uscis hands. 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. This makes it possible to have more applications ready in the queue to meet the whole years demand. I am hoping though as soon as the final action date becomes current, NBC will transfer the cases to the local USCIS center for the period that became current before they publish the next period in the following USCIS visa bulletin. Conduct the adjustment of status interview; 2. In many cases, the Date for Filing will be well before the Final Action Date, meaning that the alien applicants . The date is current in DOF and USCIS allows: You can file i485, i765, and i131. While it is permissible to file the I-485 as soon as ones priority date becomes current, this is not a requirement. You can check https://visagrader.com/uscis-processing-times/i-485-eb to know processing times history by location. What should you do with your priority date? After which, your passport will be taken and then mailed back to you with a green card inside. Dates for Filing refers to the earliest dates that a green card applicant may apply for their green card. All Rights Reserved. January 30, 2012. My interview was complete in Oct 2018. 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 may not display this or other websites correctly. The Visa Bulletin is released by the U.S. Department of State. Six conference tournaments will be in action Friday as the weekend arrives and we get closer to seeing the first automatic bids to the NCAA Tournament secured. A priority date determines a person's position in line for an immigrant visa. This is essentially where the DOS is when it comes to processing petitions. 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. 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. It may be helpful to document the steps the new employer has taken to file a labor certification on behalf of the employee. Meanwhile, Final Action Dates show when there are actual available green card numbers for a certain category and country. If priority date becomes current within first 1-2 months of joining company , is that a lost opportunity . Thank you indian_ocean. -One-page form (PTO/SB/434) filed with After . From project selection to the final green card, our experienced team assists and advises investors throughout the EB-5 process. 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 . 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. All rights reserved. The CAA, SoCon and Summit League are . Unfortunately, there is no ability to extend an H-1B that is already beyond the six-year limit any further. What is Dates for Filing in Visa Bulletin? or i can file anytime after I come over to USA ? I-485 Issues Common to All Services Centers, Visa Bulletin and Priority Dates Retrogression Iss. 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. But I my h1b was approved without issues. You may also call the DOS at (202) 663-1541 for a 24-hour recording that gives the priority dates that are currently being processed. . Lets look at them. Concurrently, these reports are obtained from the U.S. consulates and Embassies from all over the world. I hope they become current soon! With the July 2020 bulletin out, Im excited to see how India EB1 final action dates are progressing. Thus, delaying the I-485 means being tied to the particular employment for a longer duration. Delaying ones filing can also delay eligibility for promotions and job changes. 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 . 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. No the office didn't say anything. #Eb3 #visabulletin #nurses #immigration #immigrationupdate --If you are an RN who wants to live and work in the USA, please visit our website to apply: http. 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. Also, they enable the applicants to submit their important documents and their permanent residence application before the government can approve it. As you read from above, there are many factors considered for prediction of the green card applications required to meet the numerical limit. Final Action Dates and Dates for Filing are two different things, but what exactly are the differences between them? Why Is It Longer For Some Countries Than Others? See below how it looks in a diagram. This page was generated at 05:29 PM. Depending on the month of the year and movement of priority dates, USCIS suggests which charts to use for filing adjustment of status. Hi. That's great! The dates of filing may also be used by USCIS asking Green Card applicants in US to submit applications for Adjustment of Status. 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. If you are considering downgrading your petition from EB-2 to EB-3, read THIS ARTICLE. Both routes can be advantageous based on your situation. 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. While she was waiting, she obtained a masters degree in computer science. GUIDE to Travel to US with valid Visa on Expired Passport ? Applicants require this information so they can file a Service Request if the Form I . Residence senior - Niort 79; Residence senior - Rochefort 17 Thanks. For some, this prevents opportunities for promotions and other career advancement.

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