EMPLOYMENT-BASED GREEN CARD PROCESSING UPDATE - HSD Immigration Firm 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. 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. Dates for Filing refers to the earliest dates that a green card applicant may apply for their green card. One of my friend is on H1b Visa and have I-140 approved from previous employer A under Eb2 category. What happens if I filed my I-485 application previously but my priority B1/B2, H1, F1? When your final action date becomes current, you would see "Current" or "C" in the Visa Bulletin. dave chappelle: the closer vinyl. How Long To Wait for Your Priority Date to Become Current? 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'. It will all be based on the: The priority dates will keep changing depending on how the numbers of the three counts listed above vary. They can't width draw if its more than 6 months old, @Oracle $$$$$ : lawyers suggest that it is expected that petitioner would file for 485 adjustment within a year of date becoming current . CONCEPT. A physician who is subject to the J-1 two-year home return requirement generally has to delay the I-485 filing while s/he meets the terms of the waiver by working in an underserved area for three years. Final Action Date vs Filing Date - Things You Should Know - Stilt Blog First Notice of Action (NOA): 1 to 5 weeks. It is essentially like starting over from scratch. This is not due to any prejudice on the part of the Department of State. Could be a few days to several months. Se (re)sentir chez soi; Des proches rassurs; Rester actif rester vivant; RSIDENCES SENIORS. I agree. Anyone waiting to receive an employment-based or family-based green card is likely already familiar with the visa bulletin. All rights reserved. This is essentially where the DOS is when it comes to processing petitions. How are Green Card or Immigrant Visas count Reported, Predicted? Usually, you see USCIS ask applicants to use Dates for Filing in the beginning months of the Fiscal year start (October, November). 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. what happens when final action date is current? One other question, Do we have to take the medicals again because of the delay in final action dates, even after it was submitted (and accepted without RFE) before the completion of USCIS interview. immihelp.com is private non-lawyer web site. 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. 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. His previous employer is unable to take him back untill they have a new job for him. I am in the same boat as you are. The priority date represents the foreign nationals place in line for a green card. 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 . what happens when final action date is current? sell my timeshare now phone number what happens when final action date is current? But at the same time, I don't want to miss the priority date of Dec 2008 and also would like to receive the GC without any issues. This is a great space to write long text about your company and your services. Those who are outside of the U.S. when their priority dates become current may have to wait until they return to the U.S., usually in a dual intent status, such as an H or L. Added to the more common travel and marriage reasons to delay filing I-485s are a host of other scenarios. that are used for detailed allocation. Because the expiration date of the EAD will be tied to the . 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. what happens when final action date is current? These were all introduced as part of Obama plan for modernizing legal immigration in 2015. Both routes can be advantageous based on your situation. Application Final Action Dates chart (consistent with previous Visa Bulletins) and; . what happens when final action date is current? Please note: These wait times can change every few weeks as USCIS/DOS receives more applications. How Do I Know Which USCIS Service Center? Visa Bulletin For August 2022 - United States Department Of State Posted by userkv (15) 4 minutes ago. See below screenshot from the same page, where they ask applicants to use Final Action dates for September 2020. It may not display this or other websites correctly. 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). 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. Please do let us know how long did it take for USCIS to make a decision on your I485 application after the final action date became current in April 2020. While she was waiting, she obtained a masters degree in computer science. Usually, if you see Visa Bulletin after the USCIS fiscal year starts after first couple of months(Oct, Nov), USCIS asks everyone to use final action dates. A green card cannot be issued unless the applicants priority date is earlier that the Final Action Date listed on the visa bulletin. 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. Provide any additional information if required. In handling applications for adjustment of status where immigrant visa numbers have regressed, U.S. Unless the priority date of the applicant is earlier than the visa bulletins listed Final Action Date, no green card can be issued. If there are any exceptions for any month, they will specify them at www.uscis.gov/visabulletininfo to use filing dates. What is the final action date? - Immigration Planner Thats why its always best to discuss your situation with a qualified and experienced immigration attorney to ensure that you are making the right decisions when it comes to your green card. Generally, the dates are 8 to 12 months before the expected Final Action Dates. here the Filing date, Is this the date of i-485 filing? 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. Also, similarly one can file green card applications with USCIS without waiting. Hire Us. The Dates for Filing are the earliest dates green card applicants may apply for a green card. What happens to I-485 AoS if "date for filing" is current but "final Conduct the adjustment of status interview; 2. You can check https://visagrader.com/uscis-processing-times/i-485-eb to know processing times history by location. tui salary cabin crew. What do "Dates for Filing" and "Application Filing - Gurfinkel Confirm all security and background checks are completed; 3. The case may be filed at a later time, as long as all requirements are met at the time of that later filing. In this post, we will take a look at the final action date vs filing date and analyze their differences. Many are in this situation as the USCIS has been so slow in approving adjustment applications even when the Final Action Dates have been current for several months. When can you Apply for H1B Visa Stamping after Petition Approval? Sooner or later, your Priority Date will become currentin other words, you will finally see a later date, or the letter "C" on the "Dates for Filing" Visa Bulletin chart. 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. This may prevent the applicant from filing the I-485 when the priority date becomes current. Lets review, what they mean for NVC, Consulates and USCIS. 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. Its all about the priority date. We will update this table when we receive more data from USCIS/DOS. Why they move back and forth and how it impacts the priority dates.

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