Did the officer told you that the only reason not to approve was your PD not being current? Lets look at an example: Martha is an Indian citizen waiting on an EB-3 green card with a priority date in March 2016. Thus, delaying the I-485 means being tied to the particular employment for a longer duration. If the job offer is lost or the business shuts down prior to the I-485 filing, the case will end. You must wait until your priority date is current with the final action dates posted by the Department of Homeland Security. EMPLOYMENT-BASED GREEN CARD PROCESSING UPDATE - HSD Immigration Firm 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. That's a wealth of information. The Visa Bulletin is released by the U.S. Department of State. Lets take a look at the example again: Martha applied for an EB-3 as a software developer. A green card cannot be issued unless the applicants priority date is earlier that the Final Action Date listed on the visa bulletin. From project selection to the final green card, our experienced team assists and advises investors throughout the EB-5 process. This means that do not abandon . 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 . These are the dates the National Visa Center (NVC) uses to notify green card applicants that they can start getting documentarily qualified. "C" means "current," in other words, that there is no more wait and you can file your adjustment application now. Unfortunately, if you previously filed your I-485 adjustment of status application but your priority date has retrogressed and is no longer current, the U.S. Our experience suggests that very often an I-485 application will be adjudicated (approved) or issued a request for evidence (if required) within two to four . Retrogress? tula tungkol sa magsasaka at mangingisda; tui salary cabin crew. However, for those populated countries that regularly submit more petitions than their limit, priority date waiting times could take decades to become current, if they ever become current at all. They are asked by the USCIS to use the Dates for Filing in the first months of that current fiscal year. Citizenship and Immigration Services (USCIS) posts a condensed version of the visa bulletin on its website and specifies which chart certain foreign nationals should use to determine when their priority date becomes current. what happens when final action date is current? 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. Microsoft, Go to company page . Salesforce, Go to company page 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. 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 the current H-1B expires before the EAD card is received, the individual will no longer be authorized to work until the EAD card is received. #workvisa #greencard #ead #485, Go to company page Will this rapid movement be continue which help to move dates for filling become current? After you file the I-485, you will receive notification that the USCIS has received it. Any idea how long it takes to get gree card interview with . Priority Date Finally Current! How Soon Should I-485 be Filed? The length of time could be significant. If you're an immediate relative of a U.S. citizen, you don't need to track the Visa Bulletin. or i can file anytime after I come over to USA ? The process of prediction is pretty complicated. what happens when final action date is current? How to Apply for a U.S. Passport: A Step-by-Step Guide, PERM Process & Equal Pay Transparency Laws, Its Not Too Late for the H-1B Visa Lottery, USCIS Extends Green Card Validity for Conditional Permanent Residents with a Pending Form I-751, Process Update for Labor Enforcement Investigations, The Truth About Deferred Prosecution & Crossing The Canadian Border, Our Community Involvement: Luxury Purse Bingo, New Designs Roll Out for Green Cards & Employment Authorization Documents. The dates of filing may also be used by USCIS asking Green Card applicants in US to submit applications for Adjustment of Status. First Notice of Action (NOA): 1 to 5 weeks. Confirm all security and background checks are completed; 3. The USCIS may also use the dates of filing to ask green card applicants in the U.S. to submit their Adjustment of Status applications. 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. Legal services are provided by VisaNation Law Group PLLC, a Florida professional limited liability company. There's no way to know exactly when, so . How many weeks are they expecting to provide a decision after the date becomes current per Visa bulletin for a category. 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. Your green card can only be approved if the PD date is current in the Final action chart. Well, if you are getting an employment-based green card, you may have heard of having the option to port your green card from one preference level to the next. 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). When you finally see a later date or the letter "C" on the "Dates for Filing" on the Visa Bulletin website, you will know that your priority date has become current. New, Renewal? When marriage plans are uncertain, it is not uncommon to defer the I-485 filing. To calculate when your priority date may . 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. What if the labor certification was filed less than 365 days before the six year limit was reached and the priority date is now current? #2 Final Action Date Chart. 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. Provide any additional information if required. 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. 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 . For example, below is what was used in October 2020, where it says to use Dates for Filing. mcgilley state line obituaries. PD Date is current in DOF but USCIS disallows: You cannot do anything. 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. Those with questions regarding case timing and I-485 filings should seek advice from a knowledgeable and qualified immigration attorney. Lets look at them. 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. I-140 petitions do not expire. With the July 2020 bulletin out, Im excited to see how India EB1 final action dates are progressing. Priority Date: Current, Retrogressed, or Doesn't Matter? 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. I was kinda excited today when I saw LUD but disappointed after seeing the same finger print messages. 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. If you check any of the previous editions of Visa Bulletin like September 2015 Visa Bulletin, you would not find two charts or two dates listed. 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. 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. 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. 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 . Delaying ones filing can also delay eligibility for promotions and job changes. The determination of the actual monthly final action dates is subject to fluctuations in applicant demand and a number of other variables impacting processing. What happens to I-485 AoS if "date for filing" is current but "final But, what happens when the immigrant visa finally becomes available and the priority date is current? My Priority Date is Current, Am I Eligible for Additional H-1B Extensions? What happens after my priority date becomes current? This can either be through your current employer or with a new one. When your final action date becomes current, you would see Current or C in the Visa Bulletin. Application Final Action Dates chart (consistent with previous Visa Bulletins) and; . The National Visa Center (NVC) uses these dates to let green card applicants know that they can finally start getting qualified documentarily. I hope this is not . 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. 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). So, you will have to wait until the final action date matches or passes your priority date before you can . If a person does not file in December 2011, therefore, even though s/he could do so, the opportunity is not . Categories: Green CardsLive In The USWork In The US, Tags: employment based green cardGreen_Card_Marriagevisa bulletin. You can find your priority date on the I-797 form mailed by USCIS approving your I-130 petition. AC21 is beyond the scope of this article, but extensive information is available by searching AC21 on www.murthy.com.]. 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 . The priority dates that were used before introduction of two separate dates are nothing but the final action dates. Thanks. If one is able to overcome the reasons for the denial, typically through an appeal or a motion to reopen, s/he (and all dependent family members) may be able to file the I-485 at a later time. No the office didn't say anything. This is essentially where the DOS is when it comes to processing petitions. The good news is that many U.S. employers prefer premium processing, which will expedite the overall processing time. 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. 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 have read a couple of posts from people that said that took up to 3 months after PD became current. Furthermore, the Visa Office tends to aggregate the high-level Categories numbers for reporting and prediction, including EB-1, F1, and F2A. 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. This date shows what your priority level is according to the Department of State. I hope they become current soon! You can think these dates as if your position in queue has reached the end and you are ready to get the green card. Oct 2020 bulletin , the filing date for India is Jan 1 2015 for EB3. Guide How does it work? You may notice that the dates for some countries are different from others. 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. If you meet these requirements, you may continue to extend your H-1B status in one-year increments until a final decision is made to approve or deny your pending I-485 application. I have H4/L2 Kid under 21 years: In cases of H4 children, we strongly suggest filing a new EB2 i485 always. The Form I-485 processing time is long, and the wait can be difficult. It has two charts: "Final Action Dates for Employment-Based Preference Cases" and "Dates for Filing of Employment-Based Visa Applications." The above final action date projections for the Family and Employment categories indicate what is likely to happen on a monthly basis through May.