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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. If priority date becomes current within first 1-2 months of joining company , is that a lost opportunity for that individual ? When your final action date becomes current, you would see "Current" or "C" in the Visa Bulletin. I was in this situation 2 years ago - final cutoff date was current for longer than a year when I switched job. This change only applies to office actions issued on . Berardi Immigration Laws award-winning immigration lawyers bring experience and knowledge to your immigration case with a personal touch. For a better experience, please enable JavaScript in your browser before proceeding. However, there is a catch. USCISs goal is to have sufficient number of applications so that they can issue maximum number of green cards by end of year and they do not get wasted. PD Date is current in DOF but USCIS disallows: You cannot do anything. Could be a few days to several months. In handling applications for adjustment of status where immigrant visa numbers have regressed, U.S. All Rights Reserved, In a consultation, an attorney can provide answers to your questions, or you may engage our firm for your immigration process. I guess you've got no I-485 RFE ? The Department of State has an annual limit on the number of green cards it distributes to any country from any category (e.g. STEP 2: Once the petition is approved an immigrant visa number is assigned to you. It is helpful knowing it is not necessary to file the I-485 case as soon as the priority date becomes current. Applicants require this information so they can file a Service Request if the Form I . you'll need to file your I-485 application for adjustment of . IMPORTANT UPDATE: There is a significant advancement of Priority Dates in EB-3 India category in October 2020VISA BULLETIN. 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. Those with questions regarding case timing and I-485 filings should seek advice from a knowledgeable and qualified immigration attorney. However, others will have to wait until the final action date passes their priority date in order for their priority dates to be considered current. The 1 year rule usually is only enforced if the I-140 is under NVC jurisdiction. "C" means "current," in other words, that there is no more wait and you can file your adjustment application now. Spray Foam Equipment and Chemicals. File H1B Extension Before Priority Date Becomes Current 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. Najwitszej Maryi Panny Krlowej Polski > Bez kategorii > what happens when final action date is current? 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. what happens when final action date is current? 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. Don't hold your breath. 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. Then it's time to move forward with the process of getting your immigrant visa or green card. Any exceptions for a certain month will be mentioned in the Visa Bulletin and specified to use filing dates. USCIS uses final action dates as the default priority dates asking green card applicants to apply for Adjustment of status. CONCEPT. 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 Department of State usually releases new visa bulletin two to three weeks ahead. During h1b transfer, the lawyer of the new company said my h1b could be denied because of this rule. This is essentially where the DOS is when it comes to processing petitions. I485 applied, what happens if dates retrogress? - Murthy Law Firm Youll have to compare your priority date to the final action dates that are posted in the visa bulletin. 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. 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 ? UNITED KINGDOM. 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. Watch this thread Start a new thread Add a post. THIS is the Form I-485 processing time at USCIS [2022] - Stilt Blog The Dates for Filing are the earliest dates green card applicants may apply for a green card. There is no timeline. 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. what happens when final action date is current? She is a member of the American Immigration Lawyers Association and Society for Human Resource Management. 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. 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? Speak with your immigration attorney to see if green card porting is appropriate for your case. Adjustment of Status And Visa Retrogression | myattorneyusa how long does it take to get the gc after priority date is C. Like this thread 0 0. There are few scenarios on why dates for filing & final action dates move forward or backward. You may also watch the YouTube video on Dates of Filing vs Final Action Dates that covers the details in this article. 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. Is it possible to continue to extend the H-1B? The NVC receives the green card applications after the USCIS approves them. I agree. How Long To Wait for Your Priority Date to Become Current? I have filed under niw eb2. HOW TO READ THE VISA BULLETIN // If you're trying to figure out how to read the visa bulletin, this video is for you. Not sure what a priority date means? Medallia. When can you Apply for H1B Visa Stamping after Petition Approval? Your green card can only be approved if the PD date is current in the Final action chart. 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. After you file the I-485, you will receive notification that the USCIS has received it. This is not always the case, however when one is not yet married and wants to include the future spouse, for example. Santosh, Yes, that could be the reason, we do not know for sure. New, Renewal? 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. I-485 Approvals Possible: Impact on Spouses / Children without Filed I-485s. Yes. 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. If you see below chart of Immigrant Visa Process, the steps from Step 2 to Step 9 are done by NVC for applicants who are applying for Green Card (immigrant visa) from outside of US. 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. tula tungkol sa magsasaka at mangingisda; If the job offer is lost or the business shuts down prior to the I-485 filing, the case will end. There's one twist to the Visa Bulletin. USCIS Clarifies Age Determination & "Sought to - Meltzer Hellrung This is not to be confused with a change of status or a transfer of status, which are different processes entirely. USCIS is supposed to also enforce it, but I've never heard of a case where it happened. But for your easy understanding, we have tried to simplify it as below. The determination of the actual monthly final action dates is subject to fluctuations in applicant demand and a number of other variables impacting processing. 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 ? 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. 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. If the final action date reads June 8, 2014, then everyone who has a priority date of June 8, 2014 or older will have green card numbers issued to them that month. In reality, your employer will need to file an completely new petition, fees, and obtain a new PERM Labor Certification on your behalf. 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. it deals with people transferring employers after an I-485 has been pending for at least 180 days.) They usually look at their pending applicants count with them and forecast, if they have any shortage of applications. Applicants are then notified by the NVC to start submitting the documents, but the NVC also uses the Dates for Filing Numbers to work with them and help them get ready for their interview. One of my friend is on H1b Visa and have I-140 approved from previous employer A under Eb2 category. Your child gets CSPA protection only if the date got current in the Final action chart. Copyright 1999-document.querySelector("#footer-year").innerHTML=new Date().getFullYear(); immihelp.com. but, they will 'hold off' on issuing an approval until it becomes current. It may be helpful to document the steps the new employer has taken to file a labor certification on behalf of the employee. Is it because of the visa bank and interviews not being scheduled? 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. In many cases, the Date for Filing will be well before the Final Action Date, meaning that the alien applicants . Lets review, what dates for filing mean for NVC, Consulates and USCIS. Im a firm believer that information is the key to financial freedom. Any idea how long it takes to get gree card interview with . 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. Microsoft, Go to company page Hi , there has not been any movement in the Final action dates for F4 category in October and November. It is essentially like starting over from scratch. This is essentially where the DOS is when it comes to processing petitions. 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. . The case may be filed at a later time, as long as all requirements are met at the time of that later filing. What is the final action date? - Immigration Planner Your name check needs be cleared by the time they take your I-485 file. "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. What do you think of the dates for filing and final action dates movement? Meanwhile, Final Action Dates show when there are actual available green card numbers for a certain category and country. 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. Green card applicants will be informed by the NVC when they will get current priority dates based on the Visa Bulletins Final Action Dates. See below screenshot from USCIS Visa Bulletin filings charts webpage, where they ask applicants what date to use in a particular month. Below are some of the common differences between final action dates and dates for filing applications. Our attorney said that if the priority date was not current they usually do that. His previous employer is unable to take him back untill they have a new job for him. B1/B2, H1, F1? 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. 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. 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. Cannot be construed as legal advice. Refile EB2 i485 or Interfile After EB2 to EB3 Downgrade? - USA - AM22Tech 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. Thank you indian_ocean. While she was waiting, she obtained a masters degree in computer science. What are Final Action Dates in Visa Bulletin? How VisaNation Law Group Attorneys Can Help. If you are terminated while both the I-140 and I-485 are pending with USCIS AND employer withdraws I-140 petition. 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). To calculate when your priority date may . what happens when final action date is current? what happens when final action date is current? 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. I-485 Issues Common to All Services Centers, Visa Bulletin and Priority Dates Retrogression Iss. For example, below is what was used in October 2020, where it says to use Dates for Filing. All times are GMT-5. So the bottom line is LUD never changed since August 05 and suddenly 4 LUD in past 10 days. How many weeks are they expecting to provide a decision after the date becomes current per Visa bulletin for a category. The Interview was in December. meaning that the priority date must be current. Soon youll have your loan offer. The process of prediction is pretty complicated. 2271-Final Action - United States Patent And Trademark Office 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. Seek new employment if you have remaining H-1B time and file new PERM and I-140. Questions such as this, about delaying the I-485 filing, are addressed here for the benefit of MurthyDotCom and MurthyBulletin readers. I was kinda excited today when I saw LUD but disappointed after seeing the same finger print messages. 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. How are Green Card or Immigrant Visas count Reported, Predicted? I-485 application. The Visa Bulletin- Final Action Dates versus Dates for Filing 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. Final Action Dates or Application Final Action Dates refer to the dates when the green card numbers will be available for a particular country and category.