Also, the NVC will tell applicants that their application is Documentarily complete. Not affiliated with any government agency. B1/B2, H1, F1? Those with questions regarding case timing and I-485 filings should seek advice from a knowledgeable and qualified immigration attorney. What do you think of the dates for filing and final action dates movement? A few differences can be seen between the Dates for Filing and Final Action Dates. 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. Legal services are provided by VisaNation Law Group PLLC, a Florida professional limited liability company. Im a firm believer that information is the key to financial freedom. Opinion only. Don't hold your breath. I hope this is not . USCIS approves the petition, thus making February 1, 2023 Manuel's Priority Date. 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. To make it easier for foreign nationals to track their place in line, U.S. It may be helpful to document the steps the new employer has taken to file a labor certification on behalf of the employee. Your use of this website and our software platform are subject to VisaNation Inc.'s privacy policy and terms of use. How Do I Know If USCIS Received My Application? It may be many years before her priority date is current. The greatest risk in delaying is that the opportunity may be lost. mcgilley state line obituaries. But for your easy understanding, we have tried to simplify it as below. Ruchi, There is no shortcut, he has to get the PERM done with C. Can you also analyze the proposed changes related to Duration of Status for F1 visa Particularly its impact on OPT and STEM OPT extensions https://www.insidehighered.com/news/2020/09/25/trump-administration-proposes-major-overhaul-student-visa-rules. This is not always the case, however when one is not yet married and wants to include the future spouse, for example. 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. For example, below is what was used in October 2020, where it says to use Dates for Filing. 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. The National Visa Center (NVC) uses these dates to let green card applicants know that they can finally start getting qualified documentarily. Meanwhile, Final Action Dates show when there are actual available green card numbers for a certain category and country. Suite 202 @gNsj26 : are you saying that because u switched jobs your new perm is in process for over a year and then you will file 485 now ? Interesting. Also, Visa Bulletins after the first few months of the USCIS fiscal year will tell everyone to use final action dates. 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. 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. -One-page form (PTO/SB/434) filed with After . Below are the things that you can do depending on your situation. That's great! [There is an exception to this under the American Competitiveness in the Twenty First Century Act (AC21). Also, if you are in the process of considering petitioning for a green card, the idea of having to wait decades could be terrifying. What happens when an applicant has an EB-2 case pending but subsequently moves to EB-3 for a more advantageous final action date? All Rights Reserved, In a consultation, an attorney can provide answers to your questions, or you may engage our firm for your immigration process. No action was taken since I wasnt sure if I wanted to continue the petition thru me. The National Visa Center (NVC), which processes the green card applications for consular processing petitions, will inform the green card applicants when their priority dates become current based on the Final Action Dates in Visa Bulletin. Else you will have to get it via FOIA, This is right. Your personal information is protected by our Privacy Policy. The case may be filed at a later time, as long as all requirements are met at the time of that later filing. 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. At this stage priority date between oct01-mar02 does not matter. Legal services are subject to a separate attorney agreement between VisaNation Law Group PLLC (formerly SGM Law Group PLLC) and you. The priority date is earlier (before) the final action date. Once the USCIS receives the petition, that date will be your priority date. This is what makes the date so important. 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. Generally, the dates are 8 to 12 months before the expected Final Action Dates. One other question, Do we have to take the medicals again because of the delay in final action dates, even after it was submitted (and accepted without RFE) before the completion of USCIS interview. nagesh, This totally depends on the location, if you have already submitted medicals and if they would call for an interview. This is called visa retrogression, which occurs when more people apply for a visa in a particular category . Once your "priority date" becomes current, you can apply for your immigrant visa at a U.S. Consulate, or if you are in the U.S. in valid status or are otherwise eligible, through Adjustment of Status. January 30, 2012. If your application meets the eligibility criteria, the lender will contact you with regard to your application. 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. Anxiety prevails among those about to file after waiting for years. For others, it could be risky, potentially causing them to lose the opportunity for a long time. It would then be held until the final . what happens when final action date is current? 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. This is where the DOS Visa Bulletin comes into the picture. 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. 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. Depending on how the above three numbers vary, you would see movement of the priority dates. USCIS is supposed to also enforce it, but I've never heard of a case where it happened. Background for Dates for Filing & Final Action Dates. 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. 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. Your I-485 (green card application) will be denied. 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. 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. No. Final Action Dates: Final action dates are determined by your Green Card category and chargeability area which is your country of origin. check out the. How to Apply for H4 EAD? The dates for filing are typically used by National Visa Center (NVC) to notify immigrant visa applicants (green card applicants), who are outside of US to prepare themselves and submit all the relevant documents required for the Green Card Visa Interview at US Consulates. Also, it doesnt provide any priority dates under the sub-categories level. IMPORTANT UPDATE: There is a significant advancement of Priority Dates in EB-3 India category in October 2020VISA BULLETIN. 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. 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 . CEAC Website, Errors Info. 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 CAA, SoCon and Summit League are . This is essentially where the DOS is when it comes to processing petitions. Countries that submit fewer petitions than the limit will see their final action dates move forward. Once the priority date becomes current the foreign national may apply for their physical green card. Answer (1 of 3): Green Card The steps you must take to apply for a Green Card will vary depending on your individual situation. While she was waiting, she obtained a masters degree in computer science. Because the expiration date of the EAD will be tied to the . "C" means "current," in other words, that there is no more wait and you can file your adjustment application now. CONCEPT. by | Jul 3, 2022 | small rosary tattoo | Jul 3, 2022 | small rosary tattoo This makes it possible to have more applications ready in the queue to meet the whole years demand. These are the dates the National Visa Center (NVC) uses to notify green card applicants that they can start getting documentarily qualified. 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. As mentioned above, labor certification filings are based on a specific job offer. We responded to the RFE in a month and Interview was scheduled in October. This is essentially where the DOS is when it comes to processing petitions. 2023 Murthy Law Firm. 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. 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. Najwitszej Maryi Panny Krlowej Polski > Bez kategorii > what happens when final action date is current?
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what happens when final action date is current?