We hope this post was helpful in this regard so you can have a smooth application process. It would then be held until the final . The Interview was in December. There's no way to know exactly when, so . Also, they get the number of pending applications of adjustment of status from USCIS. 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 uses Dates for Filing from Visa Bulletin to notify applicants to start submitting the documents and work with them for all the required steps to make them ready for green card interview. Disclaimer: Website, software platform and administrative support are provided by VisaNation Inc., a Delaware corporation. The priority date is earlier (before) the final action date. See below how it looks in a diagram. This bulletin reveals how many green cards are available for each category and also shows priority dates. Qualified Immigrant Visa Applicants count received from US Consulates, Pending Adjustment of Status applicants count received from USCIS. How Do I Speak to a Live Person at USCIS? Because the expiration date of the EAD will be tied to the . I have filed under niw eb2. We understand that waiting for a decision on a pending I-485 after a priority date becomes current may be frustrating especially after having waited for years for a current priority date. What do you think of the dates for filing and final action dates movement? London TW1 1JT Anxiety prevails among those about to file after waiting for years. What happens if I filed my I-485 application previously but my priority With that, the Indian final action date is finally current, although it's unclear how long-lived this status will be. 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. WHAT TO DO WHEN YOUR PRIORITY DATE BECOMES CURRENT - YouTube They will also work with US consulates to schedule immigrant visa interview for these applicants based on the final action dates. 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. There will either be a "C" or a date in the box where your column meets your row. This page was generated at 05:29 PM. You don't have to wait for the government to call you after you notice this. To make it easier for foreign nationals to track their place in line, U.S. As such, people who are stuck in the backlog have the opportunity to apply for work authorization and get it much sooner. Not sure which I-485s are processed by NVC, do they do only consular processing or regular processing too? what happens when final action date is current? How to Apply for H4 EAD? First Notice of Action (NOA): 1 to 5 weeks. The case may be filed at a later time, as long as all requirements are met at the time of that later filing. with 15 years of experience practicing US immigration law providing services to U.S. businesses and multinational corporations. The other option is to go through consular processing, which involves making an appointment with the U.S. Consulate or Embassy in your home country. People with this status are the ones that are reported to the Visa Office by the consulates for predictions for Visa numbers. Our attorney said that if the priority date was not current they usually do that. 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. The reports including the total number of immigrant visa applicants are sent to the Visa Office every month. THIS is the Form I-485 processing time at USCIS [2022] - Stilt Blog It is essentially like starting over from scratch. 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. 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. #workvisa #greencard #ead #485, Go to company page 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. 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. Hi. I guess you've got no I-485 RFE ? In this article, we will look at the differences and how the different dates thing works. If there are not enough applications to meet this numerical limit, the applicants will be asked to submit their adjustment of status applications using Dates for Filing. All times are GMT-5. When will the National Benefits Center begin reporting Form I-485 processing times? The above final action date projections for the Family and Employment categories indicate what is likely to happen on a monthly basis through January. The Visa Bulletin: Final Action Dates vs. Dates for Filing 2023 VisaNation, Inc. All Rights Reserved. All Rights Reserved. How Long To Wait for Your Priority Date to Become Current? 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. If it becomes necessary during the monthly allocation process to retrogress a final action date, supplemental requests for numbers will be honored only if the priority date falls within the new . 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. 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. Now you need to set up your repayment method. check out the. How VisaNation Law Group Attorneys Can Help. 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. 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. These were all introduced as part of Obama plan for modernizing legal immigration in 2015. Thanks. Hi, For the purpose of explaining my question lets assume an individuals EB2 priority date is Feb 1, 2010 The Dates for Filing Application for that category is March 1, 2010 The Final Action Dates for that category is December 1, 2009. Instead, you can contact the NVC and ask for the appropriate instructions. Not sure what a priority date means? 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. Thanks Nagesh. What Happens After I-485 Interview When The Priority Date Is Not Current? Also, with two dates, US Dept of State would be able to more accurately predict the demand and supply of Green Card numbers. Its all about the priority date. But I my h1b was approved without issues. 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. There are, however, overall risks in waiting for greatly extended periods of time, as explained below. 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 . My father petitioned my brother with a Priority Date of 10/28/2005. This will help you better understand how the Dates for Filing and Final Action Dates movement in next sections. Visa Bulletin (Priority Dates) - Adhikari Law PLLC Interesting. What happens to I-485 AoS if "date for filing" is current but "final Below are some of the common differences between final action dates and dates for filing applications. Priority Date Finally Current! How Soon Should I-485 be Filed? Any idea how long it takes to get gree card interview with current covid situation my Attorney says it takes 12 months any body did receive recently green card please share. Don't hold your breath. If priority date becomes current within first 1-2 months of joining company , is that a lost opportunity . If Manuel had checked the Bulletin for February of 2023 . If the dates for filing shows as Current or C, then it also means that there is no wait time to apply for visa interview at the US consulate abroad to get immigrant visa. How long does it take to get green card after becoming current? While it is permissible to file the I-485 as soon as one's priority date becomes current, this is not a requirement. 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. 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. Historical counts of Denials, Abandonments and withdrawals. Is it possible to continue to extend the H-1B? 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? Unfortunately there is way to tell how long it will take. It is helpful knowing it is not necessary to file the I-485 case as soon as the priority date becomes current. CEAC Website, Errors Info. This behavior seems to be common. If the final action dates chart shows as Current or C, then it means that there is no wait time in the green card queue. So, you will have to wait until the final action date matches or passes your priority date before you can . -One-page form (PTO/SB/434) filed with After . Not only that, but they also receive the pending adjustment of status application number from the USCIS. Still, after your priority date becomes current in the "Application Final Action Dates" chart, you will have one year to pursue your visa or green card. You can find your priority date on the I-797 form mailed by USCIS approving your I-130 petition. On the other hand, when cutoff dates are moving forward routinely, there is less likelihood of significant and extended retrogression. 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.