The case may be filed at a later time, as long as all requirements are met at the time of that later filing. I was kinda excited today when I saw LUD but disappointed after seeing the same finger print messages. 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. Employment-Based Green Card, I-485 Processing Timeline [2023] - VisaNation what happens when final action date is current? My father petitioned my brother with a Priority Date of 10/28/2005. 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. Retrogress? Unfortunately there is way to tell how long it will take. This is what makes the date so important. I have H4/L2 Kid under 21 years: In cases of H4 children, we strongly suggest filing a new EB2 i485 always. Background for Dates for Filing & Final Action Dates. Date For Filing vs. Final Action Date, the Two-Tiered Visa Bulletin Also, this is the Category that is printed on the physical Green Card that is issued to the applicant. Once the priority date becomes current the foreign national may apply for their physical green card. The first chart, the "Application Final Action Dates" chart will list the priority dates that are current. What is Dates for Filing in Visa Bulletin? Altho all cases are different. It may be helpful to document the steps the new employer has taken to file a labor certification on behalf of the employee. We have to wait and watch. By NJ80, January 30, 2012 in AOS & CP : General. what happens when final action date is current? #workvisa #greencard #ead #485, Go to company page 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. 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. 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. The NVC receives the green card applications after the USCIS approves them. It is the day that the USCIS receives your green card petition. You must log in or register to reply here. Also, with two dates, US Dept of State would be able to more accurately predict the demand and supply of Green Card numbers. 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. what happens when final action date is current? How long does it take to get green card after becoming current? This means that do not abandon . Priority Date: Check USCIS Processing Times or Visa Bulletin Visa Bulletin For August 2022 - United States Department Of State For example, in the Visa Bulletin for September 2019, under the F4 category (Brothers and Sisters of U.S. citizens), the Filing Date Table B Priority Date is 08MAR07 (March 8, 2007) while the Final Action Date Table A Priority Date is 01NOV06 (November 1, 2006). meaning that the priority date must be current. If ones case is delayed, and the cutoff dates retrogress, the individual then will have to wait until his/her priority date is current again. 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. You can use this space to go into a little more detail about your company. Many applicants want to file on the first day of the month in which their priority dates become current. 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. Its all about the priority date. Thanks. 1. In many cases, the Date for Filing will be well before the Final Action Date, meaning that the alien applicants . There has been no movement on my case so far. 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 . Thanks. 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. 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. Your name check needs be cleared by the time they take your I-485 file. Youll have to compare your priority date to the final action dates that are posted in the visa bulletin. 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. Citadel Securities, Go to company page This bulletin reveals how many green cards are available for each category and also shows priority dates. As mentioned above, labor certification filings are based on a specific job offer. 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. Keep this data handy in case you need to compare it to the dates in this bulletin. Lets review, what they mean for NVC, Consulates and USCIS. I hope you have received your green card by now! In other words, if a person's priority date is listed in the Dates for Filing column, their priority date would be current in the Final Action Date column in less than a year. The USCIS may also use the dates of filing to ask green card applicants in the U.S. to submit their Adjustment of Status applications. They usually look at their pending applicants count with them and forecast, if they have any shortage of applications. There was only one chart and one date, which was just called priority date. There are a number of reasons that an individual may not be able to or chooses not to file his or her I-485 in the month that the priority date first becomes current. In this post, we will take a look at the final action date vs filing date and analyze their differences. The priority date doesn't matter because there is no annual limit in your category. #2 Final Action Date Chart. Also, they get the number of pending applications of adjustment of status from USCIS. When marriage plans are uncertain, it is not uncommon to defer the I-485 filing. If she then petitions for an EB-2 green card in January 2019 and is approved, then her priority date will be retained at March 2016 rather than resetting to January 2019. 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. Conduct the adjustment of status interview; 2. I485 applied, what happens if dates retrogress? They can do the interview before the final action date is current . immihelp.com is private non-lawyer web site. GUIDE to Travel to US with valid Visa on Expired Passport ? Yes. Numerous questions have been generated by movement of the EB2 cutoff date for India and China, as reflected in the U.S. Department of State (DOS) visa bulletin during the early portion of fiscal year 2012 (FY12). 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. With the layoffs at NBC I dont see it happening anytime soon. We hope this post was helpful in this regard so you can have a smooth application process. If there is a date shown, that's the "cutoff date." Compare that to your priority date. 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. Below are some of the common differences between final action dates and dates for filing applications. 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, 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. The priority dates moved!! Now what?? - Medium On that bulletin, people can see two types of dates: filing date charts and final action date charts. Someone usually must file an immigrant petition for you (often referred to as. Your personal information is protected by our Privacy Policy. Now you need to set up your repayment method. Now that you have some background on why two dates, next we need to understand how the Green Cards numbers are reported, collated and further predicted. 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). F2A: CURRENT (Spouse and under 21 children of Legal Permanent Residents) FX: CURRENT (F2A Cases with older priority dates) F2B: 22 SEP 2015 (Unmarried Sons/Daughters of Legal Permanent Residents) F3: 22 NOV 2008 (Married Sons/Daughters of U.S. Citizens) F4: 22 MAR 2007 (Brothers/Sisters of U.S. Citizens and their Spouses and under 21 Children) Hire Us. His previous employer is unable to take him back untill they have a new job for him. Well, if you are getting an employment-based green card, you may have heard of having the option to port your green card from one preference level to the next. . October 2021 Visa Bulletin Insight: Retrogression Likely For Some This is an important date because once the immigrant visa number is available, the foreign nationals physical green card can be issued. Stronger applications get better loan offers. If your application meets the eligibility criteria, the lender will contact you with regard to your application. Because the number of green card applicants generally exceeds the available immigrant visas, foreign nationals are given priority dates when an initial immigrant petition or labor certification is filed. I hope this is not . @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 ? Suite 202 I-140 petitions do not expire. 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. Note that, while your priority date is set and does not move, the final action dates change from month to month. EMPLOYMENT-BASED GREEN CARD PROCESSING UPDATE - HSD Immigration Firm you'll need to file your I-485 application for adjustment of . However, others will have to wait until the final action date passes their priority date in order for their priority dates to be considered current. Priority Date: Current, Retrogressed, or Doesn't Matter? What happens if I filed my I-485 application previously but my priority To get in touch with our office, you can fill out this contact form and schedule a consultation with us today. 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. This is not due to any prejudice on the part of the Department of State. What happens to I-485 AoS if "date for filing" is current but "final Unless the priority date of the applicant is earlier than the visa bulletins listed Final Action Date, no green card can be issued. Would the person risk loosing out filing for GC forever ? 2023 VisaNation, Inc. All Rights Reserved. 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. 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.