Also, with two dates, US Dept of State would be able to more accurately predict the demand and supply of Green Card numbers. In order to port your green card to the next level, you must not only obtain the qualifications for the new level, but you must also obtain a new job that requires your new qualifications. When marriage plans are uncertain, it is not uncommon to defer the I-485 filing. 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. Usually, you see USCIS ask applicants to use Dates for Filing in the beginning months of the Fiscal year start (October, November). The priority date represents the foreign nationals place in line for a green card. From project selection to the final green card, our experienced team assists and advises investors throughout the EB-5 process. Why do Dates for Filing and Final Action Dates fluctuate? How Do I Know Which USCIS Service Center? meaning that the priority date must be current. We will update this table when we receive more data from USCIS/DOS. For a visa to be available, the applicant's priority date must be prior to the Final Action Date listed on the applicable section of the visa bulletin. Final Action Dates and Filing Dates are not the same, and you must know the differences if you are a green card applicant. 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. Then it's time to move forward with the process of getting your immigrant visa or green card. tui salary cabin crew. Anyone knows how lawyers recommend handling this situation? If your priority date is on or before the cutoff date . how long does it take to get the gc after priority date is C. Like this thread 0 0. There is no easy way out, just need to wait for things to get normal. Lawyers suggestion is to avoid moving companies when date movement is rapid unless one qualifies for ac21 porting, https://www.avvo.com/legal-answers/is-there-a-time-limit-for-filing-i-485-from-the-ti-4054517.html. I have filed under niw eb2. Why Is It Longer For Some Countries Than Others? It may be many years before her priority date is current. But I my h1b was approved without issues. The 1 year rule usually is only enforced if the I-140 is under NVC jurisdiction. Thanks Nagesh. 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. 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. My father petitioned my brother with a Priority Date of 10/28/2005. Thanks. There is no timeline. Lets take a look at the example again: Martha applied for an EB-3 as a software developer. Beginning December 3, 2022, trademark applicants will have three months (with an optional three-month extension), instead of the current six months, to respond to office actions issued during the examination of a trademark application at the United States Patent and Trademark Office (USPTO). This behavior seems to be common. 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. 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. 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). Hire Us. I hope you have received your green card by now! Posted by userkv (15) 4 minutes ago. Everyone from that specific country and category can file for their green card and enjoy quick processing. Stilt provides loans to international students and working professionals in the U.S. (F-1, OPT, H-1B, O-1, L-1, TN visa holders) at rates lower than any other lender. 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. Interesting. My interview was October 31st 2018 until this moment my status still remains at interview was scheduled i called them so many times and they would not give me any information. See below screenshot from USCIS Visa Bulletin filings charts webpage, where they ask applicants what date to use in a particular month. Concurrently, these reports are obtained from the U.S. consulates and Embassies from all over the world. Suite 202 We hope this post was helpful in this regard so you can have a smooth application process. CONCEPT. I-140 petitions do not expire. If an employer waits until the priority date is current to file the H1B extension, there is eligibility for only a one-year extension. 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. Final action dates are the dates that are most commonly used by applications for filing adjustment of status applications with USCIS during rest of the year after first few months. 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. 2023 Murthy Law Firm. 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. The length of time could be significant. 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. These dates are typically eight to 12 months prior to the expected Final Action Dates and allow applicants to submit their application for permanent residence and relevant documents before it is time for the government to approve it. check out the. 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. Newport Beach, CA 92660, 18 King Street East, Suite 1400 Toronto, Ontario M5C 1C4 The case may be filed at a later time, as long as all requirements are met at the time of that later filing. See below screenshot from the same page, where they ask applicants to use Final Action dates for September 2020. This bulletin reveals how many green cards are available for each category and also shows priority dates. The reports including the total number of immigrant visa applicants are sent to the Visa Office every month. With the July 2020 bulletin out, Im excited to see how India EB1 final action dates are progressing. Final action dates are used by the USCIS as default priority dates to ask applicants for green cards to apply for an Adjustment of status. For example, July Visa Bulletin is most likely published between June 10 th and 15 th. 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. 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 ? . The date is current in DOF and USCIS allows: You can file i485, i765, and i131. I would like to know if anyone's I-485 application with Dallas FO after transfer from NBC to Dallas Fo on July 20th. What do you think of the way ahead? Why is your priority date important? Once NVC receives all the documents in step 9 and they will mark them as Documentarily Complete. 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 ? 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. A green card cannot be issued unless the applicants priority date is earlier that the Final Action Date listed on the visa bulletin. Keep this data handy in case you need to compare it to the dates in this bulletin. USCIS is supposed to also enforce it, but I've never heard of a case where it happened. Disclaimer: Website, software platform and administrative support are provided by VisaNation Inc., a Delaware corporation. The visa bulletin is published by the U.S. Department of State each month and serves as a waiting list for foreign nationals whose immigrant visas are subject to a yearly quota. I-485 Application to Register Permanent Resident or Adjust Status, H-1B Lottery Rule Changes Could See Reversal, March 2023 Visa Bulletin: Analysis & Predictions, Unmarried children under 21 of U.S. citizens, Parents of U.S. citizens who are at least 21, Widows and widowers of U.S. citizens (provided that the petition was filed within two years of the death of the citizen). what happens when final action date is current? Not sure what a priority date means? On the Stilt Blog, I write about the complex topics like finance, immigration, and technology to help immigrants make the most of their lives in the U.S. Our content and brand have been featured in Forbes, TechCrunch, VentureBeat, and more. You don't have to wait for the government to call you after you notice this. . Immediate relatives include: Immigrant visas for immediate relatives of U.S. citizens are unlimited, so they are always available.. Also, the NVC will tell applicants that their application is Documentarily complete. 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. 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. 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. This is a process by which you can adjust your status from nonimmigrant to immigrant. 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. Nov 2018 - Package sent - EB - Texas Service Center. Final Action Dates and Dates for Filing are two different things, but what exactly are the differences between them? 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. It will help them issue maximum number of Green Cards per year, without wasting them, as per Congress guidance. Green card applicants will be informed by the NVC when they will get current priority dates based on the Visa Bulletins Final Action Dates. How to Apply for H4 EAD? While she was waiting, she obtained a masters degree in computer science. UNITED KINGDOM. Did the officer told you that the only reason not to approve was your PD not being current? Soon youll have your loan offer. If you are considering applying for a personal loan, just follow these 3 simple steps. Retrogress? When assessing this risk, it is necessary to consider the reason for the cutoff date advancement. This is beneficial because it can allow foreign nationals who are stuck in the backlog to apply for and obtain work authorization much sooner than if they had to wait for the priority date to be current under the relevant Final Action Date. Sometimes, a priority date that is current one month will not be current the next month, or the cut-off date will move backward to an earlier date. #Eb3 #visabulletin #nurses #immigration #immigrationupdate --If you are an RN who wants to live and work in the USA, please visit our website to apply: http. Instead, you can contact the NVC and ask for the appropriate instructions. Sign and return that note if you wish to accept the loan offer. For instance, Dates for Filing are used for early preparation by USCIS or NVC to ensure that there are enough applications waiting in the queue for a certain fiscal year. This may prevent the applicant from filing the I-485 when the priority date becomes current. 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 . 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. Submit the required documentation and provide your best possible application. Lets look at them. Individuals from those countries facing a Green Card backlog are required to wait years, if not decades, for the Visa Bulletin to inform that priority All Rights Reserved. contact our office to schedule a consultation. The greatest risk in delaying is that the opportunity may be lost. The second, new chart is the "Dates for Filing Application" chart, which indicates the date when a green card applicant can submit an I-485 adjustment of status application. Stronger applications get better loan offers. Lets review, what dates for filing mean for NVC, Consulates and USCIS. Microsoft, Go to company page If the current H-1B expires before the EAD card is received, the individual will no longer be authorized to work until the EAD card is received. senior housing bloomfield, nj. Salesforce, Go to company page If you are new to the Green Card process and have not heard some of the terms like country caps, priority dates or numerical limits, read Green Card Numerical Limits, Country Caps, Priority Date to get an idea. In order for a spouse to be eligible for immigration benefits under the umbrella of the primary applicants employment-based green card case, the marriage must occur before the I-485 is approved. 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. However, covid has brought special circumstances and filling and final action dates are moving fast for India.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.

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