If the advancement is an unusual circumstance (such as occurred in the summer of 2007), waiting may be risky, as retrogression is highly likely. There will either be a "C" or a date in the box where your column meets your row. They usually look at their pending applicants count with them and forecast, if they have any shortage of applications. If you are considering applying for a personal loan, just follow these 3 simple steps. In this post, we will take a look at the final action date vs filing date and analyze their differences. USCIS allows green card applicants inside US to apply for adjustment of Status to get Green Card, when their priority date is current. 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. Lets get started! Anyone knows how lawyers recommend handling this situation? 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. We responded to the RFE in a month and Interview was scheduled in October. what happens when final action date is current? Difference Between Final Action Dates & Dates for Filing? All times are GMT-5. No names are reported, but only the counts of applicants with that status at a consulate or embassy are reported. or i can file anytime after I come over to USA ? 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. The priority date represents the foreign nationals place in line for a green card. I-485 Approvals Possible: Impact on Spouses / Children without Filed I-485s. Also, they get the number of pending applications of adjustment of status from USCIS. I hope you have received your green card by now! Attorneys at the Murthy Law Firm are available for consultation on these matters. The good news is that many U.S. employers prefer premium processing, which will expedite the overall processing time. Also, Visa Bulletins after the first few months of the USCIS fiscal year will tell everyone to use final action dates. 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. 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 is essentially like starting over from scratch. 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 Medallia. On the other hand, when cutoff dates are moving forward routinely, there is less likelihood of significant and extended retrogression. Qualified Immigrant Visa Applicants count received from US Consulates, Pending Adjustment of Status applicants count received from USCIS. If you're an immediate relative of a U.S. citizen, you don't need to track the Visa Bulletin. Sign and return that note if you wish to accept the loan offer. If your priority date is on or before the cutoff date . USCIS usually has a large pool of Green Card applicants that are pending with them and waiting for priority date to be current for issuance of green card. While it is permissible to file the I-485 as soon as ones priority date becomes current, this is not a requirement. Most of the time, the NVC uses the dates for filing to let immigrant visa applicants know that they should get ready to submit the relevant documentation for their interviews at the U.S. Consulates. 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. Don't hold your breath. With the layoffs at NBC I dont see it happening anytime soon. The Visa Bulletin is released by the U.S. Department of State every month. Detailed Green Card Wait Time: Based on March 2023 data from USCIS/DOS, please see below current wait time for both EB and FB categories. by | Jul 3, 2022 | small rosary tattoo | Jul 3, 2022 | small rosary tattoo That's great! In fact, if you petitioned for a family-based or employment-based green card, you most certainly have a priority date. 2023 VisaNation, Inc. All Rights Reserved. . Learn what others are saying about us on Google, Yelp, and Facebook or visit us at https://www.stilt.com. his priority date is Nov 2014. When you finally see a later date or the letter "C" on the "Dates for Filing" on the Visa Bulletin website, you will know that your priority date has become current. When your priority date becomes current in that present month's Visa Bulletin, you are then eligible for either adjustment of status or to pursue your immigrant visa abroad. 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. Lets look at them. 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. This is the same case with current October 2020 Visa Bulletin as well. There is also a risk of retrogression. Instead, you can contact the NVC and ask for the appropriate instructions. 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. Why they move back and forth and how it impacts the priority dates. but, they will 'hold off' on issuing an approval until it becomes current. Not yet. Why do Dates for Filing and Final Action Dates fluctuate? tui salary cabin crew. 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 . 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. 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 . The case may be filed at a later time, as long as all requirements are met at the time of that later filing. 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. The Dates for Filing are the earliest dates green card applicants may apply for a green card. It may be many years before her priority date is current. Many applicants want to file on the first day of the month in which their priority dates become current. According to the regulations revised in 2017, an H-1B worker is generally ineligible for continued extensions beyond the six year limit if he or she is the beneficiary of an approved I-140 immigrant petition and fails to file an adjustment of status application within 1 year of an immigrant visa being authorized for issuance based on his or her preference category and country of chargeability. 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. Thanks. HOW TO READ THE VISA BULLETIN // If you're trying to figure out how to read the visa bulletin, this video is for you. 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. 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. These were all introduced as part of Obama plan for modernizing legal immigration in 2015. USCIS informs public at www.uscis.gov/visabulletininfo on what dates to use for submitting adjustment of status applications. If a person does not file in December 2011, therefore, even though s/he could do so, the opportunity is not necessarily lost. what happens when final action date is current?filipino ethnocentrism 5 examples Yes! His previous employer is unable to take him back untill they have a new job for him. 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. See below screenshot from the same page, where they ask applicants to use Final Action dates for September 2020. Im a firm believer that information is the key to financial freedom. The priority date doesn't matter because there is no annual limit in your category. "C" means "current," in other words, that there is no more wait and you can file your adjustment application now. So what is a priority date? 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. You must wait until your priority date is current with the final action dates posted by the Department of Homeland Security. 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. This is essentially where the DOS is when it comes to processing petitions. A green card cannot be issued unless the applicant . 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. When assessing this risk, it is necessary to consider the reason for the cutoff date advancement. what does y mean in rubik's cube algorithms . There's no way to know exactly when, so . "Final Action Dates" shows the dates when a number of immigrant visas will be available for foreign nationals who have a current priority date during that month. The USCIS also forecasts the number of applications for green cards they need to meet the numerical limits at the end of the fiscal year. If priority date becomes current within first 1-2 months of joining company , is that a lost opportunity . CEAC Website, Errors Info. So , in order to best utilize this opportunity to get his greencard and EAD, what would be suggested course of action for him? Disclaimer: Website, software platform and administrative support are provided by VisaNation Inc., a Delaware corporation. Then it's time to move forward with the process of getting your immigrant visa or green card. 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. Suite 202 The loan then gets disbursed into your U.S. bank account within a reasonable number of days (some lenders will be as quick as 2-3 business days). How Do I Know Which USCIS Service Center? Usually, you see USCIS ask applicants to use Dates for Filing in the beginning months of the Fiscal year start (October, November). Your I-485 (green card application) will be denied. This may prevent the applicant from filing the I-485 when the priority date becomes current. Lets look at an example: Martha is an Indian citizen waiting on an EB-3 green card with a priority date in March 2016. Both routes can be advantageous based on your situation. Could be a few days to several months. Berardi Immigration Laws award-winning immigration lawyers bring experience and knowledge to your immigration case with a personal touch. Retrogress? See below how it looks in a diagram. Difference between Final Action Dates and Dates for Filing. A priority date determines a person's position in line for an immigrant visa. 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. What it means is that you can go ahead and apply for the next steps to get your green card and there is no wait time. Concurrently, these reports are obtained from the U.S. consulates and Embassies from all over the world. How many weeks are they expecting to provide a decision after the date becomes current per Visa bulletin for a category. The priority dates that were used before introduction of two separate dates are nothing but the final action dates.
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