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. 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. 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. Lets look at them. 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. 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. There is no easy way out, just need to wait for things to get normal. When will the National Benefits Center begin reporting Form I-485 processing times? If ones case is delayed, and the cutoff dates retrogress, the individual then will have to wait until his/her priority date is current again. Applicants in that category and from that country can file the green card and will be processed immediately. The Dates for Filing column also reflects when the State Department expects the Final Action Dates to be current 8 to 12 months in the future. 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. 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. what does y mean in rubik's cube algorithms . In this case, can the applicant (through their employer) submit their I-485 applications because their priority date is current based on Dates for Filing Application ? Did the officer told you that the only reason not to approve was your PD not being current? I guess you've got no I-485 RFE ? https://www.uscis.gov/green-card/green-card-processes-and-procedures/child-status-protection-act-cspa, A doubt about the age calculation in CSPA. 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 . Unfortunately It's in Uscis hands. Now I hear this rule applies to I-485 stage as well. 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. I am in the same boat as you are. Background for Dates for Filing & Final Action Dates. Those with questions regarding case timing and I-485 filings should seek advice from a knowledgeable and qualified immigration attorney. Submit the required documentation and provide your best possible application. 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. 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 can be a significant risk, particularly in a period of economic instability. Stilt is committed to helping immigrants build a better financial future. The good news is that many U.S. employers prefer premium processing, which will expedite the overall processing time. . Would the person risk loosing out filing for GC forever ? 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. Also, similarly one can file green card applications with USCIS without waiting. 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. Disclaimer: Website, software platform and administrative support are provided by VisaNation Inc., a Delaware corporation. Toronto, Ontario M5C 1C4 provided the dates are not moved backward.. Whats the prediction going forward at least for EB3 category? RedBus2US.com 2010 - 2023, All Rights Reserved. There are, however, overall risks in waiting for greatly extended periods of time, as explained below. CONCEPT. 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? The priority dates that were used before introduction of two separate dates are nothing but the final action dates. No action was taken since I wasnt sure if I wanted to continue the petition thru me. Delaying ones filing can also delay eligibility for promotions and job changes. what happens when final action date is current? Your green card can only be approved if the PD date is current in the Final action chart. Biometrics? Also, Visa Bulletins after the first few months of the USCIS fiscal year will tell everyone to use final action dates. This means that do not abandon . Another provision of AC21 may allow continued extensions of H-1B status in one-year increments according to Section 106(b). 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 greatest risk in delaying is that the opportunity may be lost. Not sure what a priority date means? what happens when final action date is current? Co. This date shows what your priority level is according to the Department of State. Adjusting status to a lawful permanent resident of the United States is a big step! If a person does not file in December 2011, therefore, even though s/he could do so, the opportunity is not necessarily lost. 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. The Visa Office (VO) that is part of US Department of State (DOS) handles the green card numbers reporting and prediction. Lets get started! 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. So, you will have to wait until the final action date matches or passes your priority date before you can . Not sure which I-485s are processed by NVC, do they do only consular processing or regular processing too? Retrogress? 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. 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. Hello, I am in India right now, my priority date is on 2010 October-EB2, i could not file my 485 now, do i loose the change to file ? They usually look at their pending applicants count with them and forecast, if they have any shortage of applications. Looks like it is going to be a long wait even after the final action date becomes current. If your filing date was current for 3+ years , you would have filed for AOS already right ? 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. 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. Citizenship and Immigration Services (USCIS) will not adjudicate your case until your priority date becomes current again. The first route is called adjustment of status. My father petitioned my brother with a Priority Date of 10/28/2005. Travel to USA Processes, Samples, How to Guides, USCIS suggests which charts to use for filing adjustment of status, Green Card Numerical Limits, Country Caps, Priority Date, introduced the concept of two dates to align procedures, Obama plan for modernizing legal immigration in 2015, report of total number of immigrant visa (Green Card) applicants, video on Dates of Filing vs Final Action Dates, USCIS Visa Bulletin filings charts webpage, Trump Travel Ban for Immigrant Visa holders, https://visagrader.com/uscis-processing-times/i-485-eb, GUIDE to H1B Visa 2023 Lottery, Registration, Predictions, News, FAQs. AC21 is beyond the scope of this article, but extensive information is available by searching AC21 on www.murthy.com.]. Parafia pw. No. I hope they become current soon! Once the USCIS receives the petition, that date will be your priority date. All times are GMT-5. What happens when an applicant has an EB-2 case pending but subsequently moves to EB-3 for a more advantageous final action date? January 30, 2012. 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). Not affiliated with any government agency. I hmy final action date is current and I had finger print processing in Jan 2021 and got my EAD. However, covid has brought special circumstances and filling and final action dates are moving fast for India. So what should you do if youre looking at decades of waiting time for your priority date. Hi. Also, with two dates, US Dept of State would be able to more accurately predict the demand and supply of Green Card numbers. Since the Final Action Date was not current, we did not get an approval and the document the officer gave us said they were unable to make a decision at that time. 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. 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. If you are considering applying for a personal loan, just follow these 3 simple steps. The first thing Manuel does next is to check the State Department's Visa Bulletin, a list showing "cutoff dates," or which Priority Dates are "current," meaning that their holders are now entitled to visas. 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. Guide How does it work? She is a member of the American Immigration Lawyers Association and Society for Human Resource Management. 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 the office didn't say anything. But for your easy understanding, we have tried to simplify it as below. You do not have a priority date set. People with this status are the ones that are reported to the Visa Office by the consulates for predictions for Visa numbers. UNITED KINGDOM. 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. his priority date is Nov 2014. . Berardi Immigration Laws award-winning immigration lawyers bring experience and knowledge to your immigration case with a personal touch. 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 ? Equipment. As you read from above, there are many factors considered for prediction of the green card applications required to meet the numerical limit. Why is your priority date important? On that bulletin, people can see two types of dates: filing date charts and final action date charts. In reality, your employer will need to file an completely new petition, fees, and obtain a new PERM Labor Certification on your behalf. Assuming you do not have an I-485 pending from your EB3 case, AC21 portability is not really a factor (i.e. My filing date is current for 3+ years now. USCIS approves the petition, thus making February 1, 2023 Manuel's Priority Date. STEP 2: Once the petition is approved an immigrant visa number is assigned to you. 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. My interview was complete in Oct 2018. This will help you better understand how the Dates for Filing and Final Action Dates movement in next sections. 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; . 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. Because the expiration date of the EAD will be tied to the . I have filed under niw eb2. If you're an immediate relative of a U.S. citizen, you don't need to track the Visa Bulletin. Also, this is the Category that is printed on the physical Green Card that is issued to the applicant. It is the day that the USCIS receives your green card petition. Also, they enable the applicants to submit their important documents and their permanent residence application before the government can approve it. How to Apply for H4 EAD? Usually, you see USCIS ask applicants to use Dates for Filing in the beginning months of the Fiscal year start (October, November). Thank you indian_ocean. I-140 petitions do not expire. Hire Us. 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. What Country of Residence and How to Know Yours When on a Visa, How to Check Dropbox Eligibility with the App, Pending Adjustment of Status applicants count that the USCIS sends, Qualified Immigrant Visa Applicants count that the U.S. Consulates send, Historical counts of Abandonments, Denials, and withdrawals. Save my name, email, and website in this browser for the next time I comment. GUIDE to Travel to US with valid Visa on Expired Passport ? 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 ? Also, they get the number of pending applications of adjustment of status from USCIS. 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. It will help them issue maximum number of Green Cards per year, without wasting them, as per Congress guidance. They can also file applications for green cards with USCIS without having to wait. The Department of State has an annual limit on the number of green cards it distributes to any country from any category (e.g.

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