You are using an out of date browser. 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. Lets get started! I485 applied, what happens if dates retrogress? Citizenship and Immigration Services (USCIS) will not adjudicate your case until your priority date becomes current again. This can be done for most employment-based green cards and does not have to go from an EB-3 to an EB-2 or an EB-2 to and EB-1. But for your easy understanding, we have tried to simplify it as below. 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. 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? However, covid has brought special circumstances and filling and final action dates are moving fast for India. 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.. he doesnt have I140 approved from current employer C yet. 2023 March Madness: Conference tournaments underway, brackets Your name check needs be cleared by the time they take your I-485 file. The priority dates moved!! Now what?? - Medium This change only applies to office actions issued on . For example, below is what was used in October 2020, where it says to use Dates for Filing. This is an important date because once the immigrant visa number is available, the foreign national's physical green card can be issued. EMPLOYMENT-BASED GREEN CARD PROCESSING UPDATE - HSD Immigration Firm 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 . 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. Visa Bulletin For August 2022 - United States Department Of State Generally, the dates are 8 to 12 months before the expected Final Action Dates. If they withdraw after 6 months of approval the PD based on that 140 can still be used. When my father died in 2013, I reported to my lawyer and I dont know now what the lawyer did. The Department of State usually releases new visa bulletin two to three weeks ahead. Still Disadvantaged Even When Your Priority Date Becomes Current Moreover, the job offer must generally continue to exist throughout the life of the case, and it is expected that the foreign national will continue to work in the sponsored employment for a reasonable period following approval of the I-485. For Consular processing Green Card applicants, after the green card application ( form I-130 or I-140 ) is approved by USCIS, it is sent to National Visa Center(NVC) for next steps. It would then be held until the final . Interesting. 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 date on final action date is still in June 2016 so I made that assumption that it would take at least a year for my PD becomes current. 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. This will help you better understand how the Dates for Filing and Final Action Dates movement in next sections. New, Renewal? 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. First, when a fiscal year starts in October, Visa Office divides the total annual available Green Card numbers into monthly allotments. dave chappelle: the closer vinyl. 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. They can do the interview before the final action date is 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. 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. Background for Dates for Filing & Final Action Dates. There are, however, overall risks in waiting for greatly extended periods of time, as explained below. Santosh, Yes, that could be the reason, we do not know for sure. No matter who you speak to along the immigration journey, one topic looms darkly over the conversation: priority dates. On that bulletin, people can see two types of dates: filing date charts and final action date charts. Based on current USCIS processing times, an initial application for an H-4 EAD can take up to 8.5 months to be issued. sell my timeshare now phone number what happens when final action date is current? Attorneys at the Murthy Law Firm are available for consultation on these matters. This may prevent the applicant from filing the I-485 when the priority date becomes current. This means that do not abandon . what happens when final action date is current? This option is available to all but mandatory for those that are not under a nonimmigrant visa status at the time of the approval of their petition. The Form I-485 processing time is long, and the wait can be difficult. Thanks. This is because the marriage green card is in a separate category called immediate family. This is essentially where the DOS is when it comes to processing petitions. 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. You may notice that the dates for some countries are different from others. 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. The reports including the total number of immigrant visa applicants are sent to the Visa Office every month. . 1. No. Among these is one important series of questions concerning when one must file the adjustment of status (I-485) application. As such, people who are stuck in the backlog have the opportunity to apply for work authorization and get it much sooner. What do "Dates for Filing" and "Application Filing - Gurfinkel Furthermore, the Visa Office tends to aggregate the high-level Categories numbers for reporting and prediction, including EB-1, F1, and F2A. How Are Green Card and Immigrant Visas Counts Reported? This is a process by which you can adjust your status from nonimmigrant to immigrant. Note that, while your priority date is set and does not move, the final action dates change from month to month. GUIDE to Travel to US with valid Visa on Expired Passport ? 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. 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. The length of time could be significant. Anxiety prevails among those about to file after waiting for years. In general, each of these high-level categories has many sub-categories that are identified by Green Card Category Codes like E11, E12, IR1, etc. Difference Between Final Action Dates & Dates for Filing? 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. 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. Someone usually must file an immigrant petition for you (often referred to as. The first chart, the "Application Final Action Dates" chart will list the priority dates that are current. Speak with your immigration attorney to see if green card porting is appropriate for your case. These issues should be discussed with an experienced, qualified immigration attorney, who can provide guidance in such matters. The Chinese final action date has advanced by one week to July 22, 2015, and the Vietnamese date by three weeks to May 15, 2017, but the Indian final action date has moved forward by a staggering seven months from January 1, 2020. For a better experience, please enable JavaScript in your browser before proceeding. contact our office to schedule a consultation. Any exceptions for a certain month will be mentioned in the Visa Bulletin and specified to use filing dates. Retrogress? 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. 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? 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. Now I hear this rule applies to I-485 stage as well. This date will be printed on your notice of receipt from the USCIS and should be noted as one of the most important dates concerning your green card processing time. 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. All Rights Reserved. If there are any exceptions for any month, they will specify them at www.uscis.gov/visabulletininfo to use filing dates. Suite 202 The determination of the actual monthly final action dates is subject to fluctuations in applicant demand and a number of other variables impacting processing. how long does it take to get the gc after priority date is C. Like this thread 0 0. It may be helpful to document the steps the new employer has taken to file a labor certification on behalf of the employee. With that, the Indian final action date is finally current, although it's unclear how long-lived this status will be. . It may be many years before her priority date is current. Visa Bulletin - Everything U.S. Visa Applicants Need to Know - Kozycki Law Hi , there has not been any movement in the Final action dates for F4 category in October and November. See below screenshot from the same page, where they ask applicants to use Final Action dates for September 2020. This is where the DOS Visa Bulletin comes into the picture. Usually, you see USCIS ask applicants to use Dates for Filing in the beginning months of the Fiscal year start (October, November).
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