Not yet. With that, the Indian final action date is finally current, although it's unclear how long-lived this status will be. They will predict the number of Green Cards available for the upcoming months, until the end of fiscal year, based on below three data points. I have filed under niw eb2. They usually look at their pending applicants count with them and forecast, if they have any shortage of applications. 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. All rights reserved. CONCEPT. Posted by userkv (15) 4 minutes ago. It is the day that the USCIS receives your green card petition. This is essentially where the DOS is when it comes to processing petitions. 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. If your filing date was current for 3+ years , you would have filed for AOS already right ? 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 this post, we will take a look at the final action date vs filing date and analyze their differences. Cannot be construed as legal advice. 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, 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. The date is current in DOF and USCIS allows: You can file i485, i765, and i131. 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. 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 . How long does it take to get green card after becoming current? Hi. USCIS clarified that if the child applies for a green card under the Dates for Filing chart (prior to the date of visa availability according to the Final Action Dates chart), the child would meet the "sought to acquire" requirement; noting that child applicants who file based on the Dates for Filing chart may not ultimately be eligible for . As mentioned above, labor certification filings are based on a specific job offer. #2 Final Action Date Chart. what happens when final action date is current? When assessing this risk, it is necessary to consider the reason for the cutoff date advancement. But I my h1b was approved without issues. 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. Indian EB-5 Final Action Date Current in July 2020 Visa Bulletin Priority Date: Check USCIS Processing Times or Visa Bulletin Berardi Immigration Laws award-winning immigration lawyers bring experience and knowledge to your immigration case with a personal touch. 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. 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. 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. -Current version of program (AFCP 2.0) available since 2013, now extended through September 30, 2016. The process of prediction is pretty complicated. 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. Residence senior - Niort 79; Residence senior - Rochefort 17 Hire Us. While it is permissible to file the I-485 as soon as ones priority date becomes current, this is not a requirement. The National Visa Center (NVC) uses these dates to let green card applicants know that they can finally start getting qualified documentarily. Visa Retrogression, or Why Your Priority Date Is No Longer Current 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. How Do I Know If USCIS Received My Application? what happens once PD becomes current for a pending I-485? USCIS uses final action dates as the default priority dates asking green card applicants to apply for Adjustment of status. A green card cannot be issued unless the applicants priority date is earlier that the Final Action Date listed on the visa bulletin. This is the same case with current October 2020 Visa Bulletin as well. 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. how long does it take to get the gc after priority date is C - Trackitt 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 . NVC will also notify the applicants that their application is Documentarily complete. This is what makes the date so important. 2023 Berardi Immigration Law. How long does it take for card approval after PD becomes current (EB1C Our attorney said that if the priority date was not current they usually do that. Learn More, The Murthy Law Firm can conveniently and efficiently consult and/or represent clients located anywhere in the United States or abroad on U.S. immigration matters. The final action date for an oversubscribed category is the priority date of the first applicant who could not be reached within the numerical limits. There will either be a "C" or a date in the box where your column meets your row. Questions such as this, about delaying the I-485 filing, are addressed here for the benefit of MurthyDotCom and MurthyBulletin readers. Would the person risk loosing out filing for GC forever ? 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. I hope they become current soon! Emily has been quoted in Bloomberg Law, U.S. News & World Report, Inside Higher Ed, and The Times of India on various hot topics in immigration. USCIS Visa Bulletin Mar 2023 Employment Green Card Dates - USA - AM22Tech It may not display this or other websites correctly. CANADA, 5 Kenley Road 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. 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? When your final action date becomes current, you would see "Current" or "C" in the Visa Bulletin. what happens when final action date is current? The Interview was in December. Based on current USCIS processing times, an initial application for an H-4 EAD can take up to 8.5 months to be issued. https://www.uscis.gov/green-card/green-card-processes-and-procedures/child-status-protection-act-cspa, A doubt about the age calculation in CSPA. here the Filing date, Is this the date of i-485 filing? 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. Now that we have a full background, lets look at each of the terms dates of filing and final action dates: The dates for filing application or simply dates for filing in Visa bulletin are the earliest dates when Green Card Applicants may be able to apply for green card or immigrant visa. Altho all cases are different. What is the final action date? - Immigration Planner The visa bulletin is made up of four charts: Notably, the employment-based and family-based charts are separated by final action dates and dates for filing.. My Priority Date is Current, Am I Eligible for Additional H-1B The Visa Office (VO) that is part of US Department of State (DOS) handles the green card numbers reporting and prediction. Other individuals may have suffered a denial at either the labor certification or the I-140 stage. Watch this thread Start a new thread Add a post. Historical counts of Denials, Abandonments and withdrawals. What happens when Final Action Date is current ? Visa Bulletin: Final Action Date, Cut Off and Predictions | Immigration I read that once your final action date becomes current , you are required to file 485 and start final leg of process within 1 year or you risk to loose your spot in priority date queue.This has not been issue in the past as most people would have significant gap between filing date and final action date becoming current. During h1b transfer, the lawyer of the new company said my h1b could be denied because of this rule. Any exceptions for a certain month will be mentioned in the Visa Bulletin and specified to use filing dates. 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. To bring the prosecution to a speedy conclusion and at the same time deal justly with the patent owner and the public, the examiner will twice provide the patent owner with such information and references . Any idea how long it takes to get gree card interview with . Lets review, what dates for filing mean for NVC, Consulates and USCIS. 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. . senior housing bloomfield, nj. You may also watch the YouTube video on Dates of Filing vs Final Action Dates that covers the details in this article. How Do I Speak to a Live Person at USCIS? Therefore, you will have to wait until they have processed all of the petitions that were submitted prior to yours before your petition will be processed. What do "Dates for Filing" and "Application Filing - Gurfinkel Houses For Rent Hazel Crest, Il, Informal Final Settlement Kentucky, Articles W