Retrogression FAQs | Loke Walsh Immigration Law Just handed me a white paper which had a few options and the option which said 'we are unable to make a decision now was checked'. I have filed under niw eb2. Lets look at an example: Martha is an Indian citizen waiting on an EB-3 green card with a priority date in March 2016. What happens when an applicant has an EB-2 case pending but subsequently moves to EB-3 for a more advantageous final action date? WHAT TO DO WHEN YOUR PRIORITY DATE BECOMES CURRENT - YouTube Why do I get AOS interview before PD is current? Cannot be construed as legal advice. If an employer waits until the priority date is current to file the H1B extension, there is eligibility for only a one-year extension. Spray Foam Equipment and Chemicals. The Visa Bulletin: Final Action Dates vs. Dates for Filing This change only applies to office actions issued on . A lot depends on what is the current age of your child and how soon it can get current in the EB2 final action chart. Toronto, Ontario M5C 1C4 While it is permissible to file the I-485 as soon as one's priority date becomes current, this is not a requirement. Among these is one important series of questions concerning when one must file the adjustment of status (I-485) application. 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. However, this is not a written rule and the Visa Office may release a new visa bulletin as early as the 8 th, or as late as the 18 th. 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. How VisaNation Law Group Attorneys Can Help. You can choose an autopay method online to help you pay on time every month. 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. The Interview was in December. Soon youll have your loan offer. In many cases, the Date for Filing will be well before the Final Action Date, meaning that the alien applicants . It is necessary to be in the United States in order to file the I-485. For others, it could be risky, potentially causing them to lose the opportunity for a long time. Both routes can be advantageous based on your situation. Start new topic. Basically, documentarily complete means that NVC has received all basic documents, fees and the applicant is ready to be interviewed when priority dates become current for that applicant. All Rights Reserved, In a consultation, an attorney can provide answers to your questions, or you may engage our firm for your immigration process. USCIS processes all I-485s. This is essentially where the DOS is when it comes to processing petitions. At a Glance: The entire Form I-485 process typically takes 8 to 14 months from the time of filing but there are key steps along the way that you should be aware of. How to Check US Visa Status Online? how long does it take to get the gc after priority date is C. Like this thread 0 0. USCIS Visa Bulletin Mar 2023 Employment Green Card Dates - USA - AM22Tech If priority date becomes current within first 1-2 months of joining company , is that a lost opportunity for that individual ? If the advancement is an unusual circumstance (such as occurred in the summer of 2007), waiting may be risky, as retrogression is highly likely. 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. what happens when final action date is current? CONCEPT. 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. 2023 Berardi Immigration Law. Copyright 1999-document.querySelector("#footer-year").innerHTML=new Date().getFullYear(); immihelp.com. Final action dates define when the actual green card numbers are actually available for a country & category, Date for filing are used primarily to prepare ahead by NVC or by USCIS to make sure there are enough applications in the queue for a fiscal year. What happens when Final Action Date is current ? Legal services are provided by VisaNation Law Group PLLC, a Florida professional limited liability company. At that appointment, you will have your biometrics taken, you will submit a DS-260 application, and you will go through a one-on-one interview with a consular officer. Green Card Wait Time - Check Priority Date - Mygcvisa Submit the required documentation and provide your best possible application. Not yet. Your name check needs be cleared by the time they take your I-485 file. what happens when final action date is current?filipino ethnocentrism 5 examples Yes! The date is current in DOF and USCIS allows: You can file i485, i765, and i131. How do I find out the status? @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 ? Qualified Immigrant Visa Applicants count received from US Consulates, Pending Adjustment of Status applicants count received from USCIS. See below screenshot from USCIS Visa Bulletin filings charts webpage, where they ask applicants what date to use in a particular month. I am hoping though as soon as the final action date becomes current, NBC will transfer the cases to the local USCIS center for the period that became current before they publish the next period in the following USCIS visa bulletin. We will look more details below, lets dive into the dates of filing and final action dates and how they move. provided the dates are not moved backward.. Whats the prediction going forward at least for EB3 category? No matter who you speak to along the immigration journey, one topic looms darkly over the conversation: priority dates. When Will Your Priority Date Become Current? | Nolo . The first chart, the "Application Final Action Dates" chart will list the priority dates that are current. Final Action Dates are used most commonly for filing applications for adjustment of status with the USCIS during the remainder of the year after the passing of the first months. With that, the Indian final action date is finally current, although it's unclear how long-lived this status will be. At this stage priority date between oct01-mar02 does not matter. The dates of filing may also be used by USCIS asking Green Card applicants in US to submit applications for Adjustment of Status. By NJ80, January 30, 2012 in AOS & CP : General. If it becomes necessary during the monthly allocation process to retrogress a final action date, supplemental requests for numbers will be honored only if the priority date falls within the new . It doesnt matter which green card you applied to before or which you are pursuing now, you are essentially starting from scratch on all aspects except for the priority date. 2. 2023 VisaNation, Inc. All Rights Reserved. The priority dates moved!! Now what?? - Medium Thank you indian_ocean. The priority date is earlier (before) the final action date. As long as the priority date remains current, the case can be filed, in this example, in January or February 2012 or a later time. Basically, October is when the fiscal year starts, and that is also when the number of total annual available Green Card numbers are divided by the Visa Office into monthly allotments. First Notice of Action (NOA): 1 to 5 weeks. Looks like it is going to be a long wait even after the final action date becomes current. Se (re)sentir chez soi; Des proches rassurs; Rester actif rester vivant; RSIDENCES SENIORS. Green card applicants will be informed by the NVC when they will get current priority dates based on the Visa Bulletins Final Action Dates. 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. It is the day that the USCIS receives your green card petition. This is not due to any prejudice on the part of the Department of State. How are Green Card or Immigrant Visas count Reported, Predicted? 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. what happens when final action date is current? In order to port her EB-3 status to EB-2, she will need to either be promoted to a higher position that requires her masters degree or she will need to find a new job that requires the degree. Visa Retrogression, or Why Your Priority Date Is No Longer Current 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. If your filing date was current for 3+ years , you would have filed for AOS already right ? Wells Fargo, Go to company page Provide any additional information if required. Suite 202 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. 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. May 2022 Visa Bulletin Predictions - Path2USA That is when the priority date is said to be current: They usually look at their pending applicants count with them and forecast, if they have any shortage of applications. #workvisa #greencard #ead #485, Go to company page Citizenship and Immigration Services local field offices are required to undertake the following steps: 1. While she was waiting, she obtained a masters degree in computer science. Dates for Filing refers to the earliest dates that a green card applicant may apply for their green card. Another provision of AC21 may allow continued extensions of H-1B status in one-year increments according to Section 106(b). After you file the I-485, you will receive notification that the USCIS has received it. Every month the Visa Office gets a report of total number of immigrant visa (Green Card) applicants from all US consulates & Embassies across the globe. On the other hand, when cutoff dates are moving forward routinely, there is less likelihood of significant and extended retrogression. Not affiliated with any government agency. 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. How to read the Visa Bulletin | My priority date is current - YouTube Hi. 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. Now, the "Date for Filing" determines whether or not you can submit the final immigrant visa application, and the "Final Action Date" indicates whether or not it is expected that an immigrant visa number will be available. 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. 2271 Final Action [R-07.2015] Before a final action is in order, a clear issue should be developed between the examiner and the patent owner. contact our office to schedule a consultation. Will this rapid movement be continue which help to move dates for filling become current? Application Final Action Dates chart (consistent with previous Visa Bulletins) and; . While this sounds like an optimal situation and it is technically possible, there are some things to note before getting started. This bulletin reveals how many green cards are available for each category and also shows priority dates. Still, after your priority date becomes current in the "Application Final Action Dates" chart, you will have one year to pursue your visa or green card. Thanks. Portability means that you may continue your current greencard process even if your position, location of employment, and employer change as long as the following conditions are met: 1 . Apply online for the loan amount you need. Hi, For the purpose of explaining my question lets assume an individuals EB2 priority date is Feb 1, 2010 The Dates for Filing Application for that category is March 1, 2010 The Final Action Dates for that category is December 1, 2009. It has two charts: "Final Action Dates for Employment-Based Preference Cases" and "Dates for Filing of Employment-Based Visa Applications." Lets take a look at the example again: Martha applied for an EB-3 as a software developer. 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. Anxiety prevails among those about to file after waiting for years. It is not like other processing. We understand that waiting for a decision on a pending I-485 after a priority date becomes current may be frustrating especially after having waited for years for a current priority date. 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 ? I was in this situation 2 years ago - final cutoff date was current for longer than a year when I switched job. In cases, where they believe they do not have enough applications to fill the total numerical limit by end of fiscal year( next year September), they will ask green card applicants to use Dates for Filing to submit the adjustment of status applications. I-485 Approvals Possible: Impact on Spouses / Children without Filed I-485s. The good news is that many U.S. employers prefer premium processing, which will expedite the overall processing time. However, covid has brought special circumstances and filling and final action dates are moving fast for India. 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. Final Action Dates and Filing Dates are not the same, and you must know the differences if you are a green card applicant. 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. What is the best possible course of action for him thru his current employer C? what happens when final action date is current? Final Action Dates or Application Final Action Dates refer to the dates when the green card numbers will be available for a particular country and category. If there is a date shown, that's the "cutoff date." Compare that to your priority date. What happens to I-485 AoS if "date for filing" is current but "final