Answer (1 of 3): Green Card The steps you must take to apply for a Green Card will vary depending on your individual situation. When can you Apply for H1B Visa Stamping after Petition Approval? An individual in this situation would need to file an adjustment of status and use the employment authorization (EAD) card received based on that application in order to continue to work. 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. I485 applied, what happens if dates retrogress? This behavior seems to be common. But I my h1b was approved without issues. I hope they become current soon! 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. 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. Because the expiration date of the EAD will be tied to the . Dates for Filing in Visa Bulletin Explained, Final Action Dates in the Visa Bulletin Explained, given Green Card Category Codes to identify. We hope this post was helpful in this regard so you can have a smooth application process. One of the most common reasons among MurthyDotCom and MurthyBulletin readers involves marriage plans. USCIS clarified that if the child applies for a green card under the Dates for Filing chart (prior to the date of visa availability according to the Final Action Dates chart), the child would meet the "sought to acquire" requirement; noting that child applicants who file based on the Dates for Filing chart may not ultimately be eligible for . Conduct the adjustment of status interview; 2. 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. Did the officer told you that the only reason not to approve was your PD not being current? but, they will 'hold off' on issuing an approval until it becomes current. That's a wealth of information. what happens when final action date is current? Immediate relatives include: Immigrant visas for immediate relatives of U.S. citizens are unlimited, so they are always available.. That way, you can avoid having your priority date reset and your waiting time will be subject to the new final action dates listed in the bulletin for the higher preference level. Unless the priority date of the applicant is earlier than the visa bulletins listed Final Action Date, no green card can be issued. New, Renewal? tui salary cabin crew. The entire prediction process is quite difficult, so many people may not understand it. I have filed under niw eb2. 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. If priority date becomes current within first 1-2 months of joining company , is that a lost opportunity for that individual ? However, there is a catch. 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) It will help them issue maximum number of Green Cards per year, without wasting them, as per Congress guidance. 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. See below how it looks in a diagram. Biometrics? You can choose an autopay method online to help you pay on time every month. check out the. Copyright 1999-document.querySelector("#footer-year").innerHTML=new Date().getFullYear(); immihelp.com. US Department of State introduced the concept of Final Action Dates and Dates for Filing only from October 2015 Visa Bulletin. This is an important date because once the immigrant visa number is available, the foreign nationals physical green card can be issued. Emily has been quoted in Bloomberg Law, U.S. News & World Report, Inside Higher Ed, and The Times of India on various hot topics in immigration. Now I hear this rule applies to I-485 stage as well. There is no actual time limit governing how long a person could wait to move forward with an I-485 filing. See what other people are asking and the advice they're getting. Difference between Final Action Dates and Dates for Filing. 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. The National Visa Center (NVC) uses these dates to let green card applicants know that they can finally start getting qualified documentarily. IMPORTANT UPDATE: There is a significant advancement of Priority Dates in EB-3 India category in October 2020VISA BULLETIN. Speak with your immigration attorney to see if green card porting is appropriate for your case. 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. 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. If you meet these requirements, you may continue to extend your H-1B status in one-year increments until a final decision is made to approve or deny your pending I-485 application. When will the National Benefits Center begin reporting Form I-485 processing times? Could any gurus explain me what's going on. What if you are unable to file your I-485 application for adjustment of status within one year of your Final Action Date becoming current, such as the situation when you are no longer with the employer that sponsored your labor certification and I-140 petition? Every month, the Department of State releases a visa bulletin that contains charts with all of the green card categories and the countries that apply for them. Could be a few days to several months. The final action dates or application final action dates are the dates when the actual green card numbers are available for that category & country of birth, so that the final Green Cards or immigrant visas can be issued. Applicants are then notified by the NVC to start submitting the documents, but the NVC also uses the Dates for Filing Numbers to work with them and help them get ready for their interview. 2. What happens when an applicant has an EB-2 case pending but subsequently moves to EB-3 for a more advantageous final action date? Cannot be construed as legal advice. #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. RedBus2US.com 2010 - 2023, All Rights Reserved. It has Dates for Filing charts and Final Action Dates charts. Age at Time of Visa Availability Pending Time = CSPA Age Approval Date Filing Date = Pending Time. provided the dates are not moved backward.. Whats the prediction going forward at least for EB3 category? here the Filing date, Is this the date of i-485 filing? Opinion only. I-140s that are sent to the State Department for consular processing purposes are held at the National Visa Center (NVC), Most decent employers never withdraw 140. Your child gets CSPA protection only if the date got current in the Final action chart. However, for those populated countries that regularly submit more petitions than their limit, priority date waiting times could take decades to become current, if they ever become current at all. Not only that, but they also receive the pending adjustment of status application number from the USCIS. Assuming you do not have an I-485 pending from your EB3 case, AC21 portability is not really a factor (i.e. Also, if you are in the process of considering petitioning for a green card, the idea of having to wait decades could be terrifying. The Visa Bulletin is released by the U.S. Department of State every month. If an employer waits until the priority date is current to file the H1B extension, there is eligibility for only a one-year extension. Berardi Immigration Laws award-winning immigration lawyers bring experience and knowledge to your immigration case with a personal touch. On that bulletin, people can see two types of dates: filing date charts and final action date charts. . How many weeks are they expecting to provide a decision after the date becomes current per Visa bulletin for a category. Countries that submit fewer petitions than the limit will see their final action dates move forward. Citizenship and Immigration Services (USCIS) posts a condensed version of the visa bulletin on its website and specifies which chart certain foreign nationals should use to determine when their priority date becomes current. The Chinese final action date has advanced by one week to July 22, 2015, and the Vietnamese date by three weeks to May 15, 2017, but the Indian final action date has moved forward by a staggering seven months from January 1, 2020. Nov 2018 - Package sent - EB - Texas Service Center. When your final action date becomes current, you would see Current or C in the Visa Bulletin. First Notice of Action (NOA): 1 to 5 weeks. This is not due to any prejudice on the part of the Department of State. No action was taken since I wasnt sure if I wanted to continue the petition thru me. 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. 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. How Do I Speak to a Live Person at USCIS? I hmy final action date is current and I had finger print processing in Jan 2021 and got my EAD. Based on current USCIS processing times, an initial application for an H-4 EAD can take up to 8.5 months to be issued. How Do I Know If USCIS Received My Application? 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. The priority date represents the foreign nationals place in line for a green card. First, when a fiscal year starts in October, Visa Office divides the total annual available Green Card numbers into monthly allotments. -One-page form (PTO/SB/434) filed with After . To get in touch with our office, you can fill out this contact form and schedule a consultation with us today. 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'. #workvisa #greencard #ead #485, Go to company page JavaScript is disabled. Then it's time to move forward with the process of getting your immigrant visa or green card. Also, with two dates, US Dept of State would be able to more accurately predict the demand and supply of Green Card numbers. 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). If you're an immediate relative of a U.S. citizen, you don't need to track the Visa Bulletin. In handling applications for adjustment of status where immigrant visa numbers have regressed, U.S. 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. Heavily-populated countries such as China or India usually exceed the annual limit on green cards across several different categories, causing backlogs to build and dates to retrogress. The first route is called adjustment of status.
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