Historical counts of Denials, Abandonments and withdrawals. Could be a few days to several months. That is when the priority date is said to be current: Also, similarly one can file green card applications with USCIS without waiting. Qualified Immigrant Visa Applicants count received from US Consulates, Pending Adjustment of Status applicants count received from USCIS. Is it because of the visa bank and interviews not being scheduled? I hmy final action date is current and I had finger print processing in Jan 2021 and got my EAD. 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. 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). 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. The priority date represents the foreign nationals place in line for a green card. There are few scenarios on why dates for filing & final action dates move forward or backward. Unfortunately, if you previously filed your I-485 adjustment of status application but your priority date has retrogressed and is no longer current, the U.S. Every month the Visa Office gets a report of total number of immigrant visa (Green Card) applicants from all US consulates & Embassies across the globe. This can be a significant risk, particularly in a period of economic instability. This is a process by which you can adjust your status from nonimmigrant to immigrant. how long does it take to get the gc after priority date is C. Like this thread 0 0. 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. This change only applies to office actions issued on . We responded to the RFE in a month and Interview was scheduled in October. Basically, October is when the fiscal year starts, and that is also when the number of total annual available Green Card numbers are divided by the Visa Office into monthly allotments. If priority date becomes current within first 1-2 months of joining company , is that a lost opportunity for that individual ? the final action date would immediately become "Current" for October for all countries except El Salvador, Guatemala, and Honduras which would be subject to an August 1, 2017 final action . Both routes can be advantageous based on your situation. We have to wait and watch. But what is the difference between them? How Are Green Card and Immigrant Visas Counts Reported? If an employer waits until the priority date is current to file the H1B extension, there is eligibility for only a one-year extension. They are asked by the USCIS to use the Dates for Filing in the first months of that current fiscal year. See below screenshot from USCIS Visa Bulletin filings charts webpage, where they ask applicants what date to use in a particular month. If they withdraw after 6 months of approval the PD based on that 140 can still be used. The applicants with status of Documentary complete are the ones that consulates report to Visa Office for Visa number predictions. See below how it looks in a diagram. Speak with your immigration attorney to see if green card porting is appropriate for your case. Unfortunately It's in Uscis hands. Your green card can only be approved if the PD date is current in the Final action chart. With Final Action Dates, when they show as C or Current, it means that there isnt any wait time in the queue for green cards. Did the officer told you that the only reason not to approve was your PD not being current? One of my friend is on H1b Visa and have I-140 approved from previous employer A under Eb2 category. The above final action date projections for the Family and Employment categories indicate what is likely to happen on a monthly basis through May. From project selection to the final green card, our experienced team assists and advises investors throughout the EB-5 process. Lets get started! For others, it could be risky, potentially causing them to lose the opportunity for a long time. 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. Even though the H-1B worker was able to extend the H-1B in three-year increments based upon the approved I-140 under AC21 Section 104(c), the worker will not be able to extend under 106(b) where the labor certification was filed after the worker began his or her sixth year of H-1B time. You can check https://visagrader.com/uscis-processing-times/i-485-eb to know processing times history by location. In this article, we will look at the differences and how the different dates thing works. 2023 Berardi Immigration Law. The 1 year rule usually is only enforced if the I-140 is under NVC jurisdiction. Applicants require this information so they can file a Service Request if the Form I . 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. The good news is that many U.S. employers prefer premium processing, which will expedite the overall processing time. There will either be a "C" or a date in the box where your column meets your row. here the Filing date, Is this the date of i-485 filing? They can also file applications for green cards with USCIS without having to wait. While it is permissible to file the I-485 as soon as one's priority date becomes current, this is not a requirement. Everyone from that specific country and category can file for their green card and enjoy quick processing. If your filing date was current for 3+ years , you would have filed for AOS already right ? The Dates for Filing column also reflects when the State Department expects the Final Action Dates to be current 8 to 12 months in the future. Our attorney said that if the priority date was not current they usually do that. How to Apply for a U.S. Passport: A Step-by-Step Guide, PERM Process & Equal Pay Transparency Laws, Its Not Too Late for the H-1B Visa Lottery, USCIS Extends Green Card Validity for Conditional Permanent Residents with a Pending Form I-751, Process Update for Labor Enforcement Investigations, The Truth About Deferred Prosecution & Crossing The Canadian Border, Our Community Involvement: Luxury Purse Bingo, New Designs Roll Out for Green Cards & Employment Authorization Documents. Medallia. In this post, we will take a look at the final action date vs filing date and analyze their differences. Its all about the priority date. The first route is called adjustment of status. Confirm all security and background checks are completed; 3. [There is an exception to this under the American Competitiveness in the Twenty First Century Act (AC21). 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. With the layoffs at NBC I dont see it happening anytime soon. Start new topic. My PD just became current with PD of Jan 2002( ROW) LUD has been changed on 8/23, 8/24,8/29 and again today 9/1 for me and for my wife. The case may be filed at a later time, as long as all requirements are met at the time of that later filing. 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 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. 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. This is where the DOS Visa Bulletin comes into the picture. US Department of State introduced the concept of Final Action Dates and Dates for Filing only from October 2015 Visa Bulletin. As you read from above, there are many factors considered for prediction of the green card applications required to meet the numerical limit. I would like to know if anyone's I-485 application with Dallas FO after transfer from NBC to Dallas Fo on July 20th. Also, they enable the applicants to submit their important documents and their permanent residence application before the government can approve it. The job offer must exist at the time of the I-485 filing. 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. UNITED KINGDOM. We hope this post was helpful in this regard so you can have a smooth application process. This is essentially where the DOS is when it comes to processing petitions. She is a member of the American Immigration Lawyers Association and Society for Human Resource Management. Citizenship and Immigration Services (USCIS) will not adjudicate your case until your priority date becomes current again. I would like to know if I really need to have an attorney by my side to help in this process or I can do it myself ? 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. For H-1B workers who have been subject to per-country visa limitations and unable to file an application to adjust status (I-485), you are probably familiar with the ability to continue to extend H-1B status beyond the six-year limit in three-year increments based on your approved I-140 immigrant petition. The Visa Office (VO) that is part of US Department of State (DOS) handles the green card numbers reporting and prediction. So what is a priority date? Don't hold your breath. Lets look at them. 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. There is also a risk of retrogression. When your final action date becomes current, you would see Current or C in the Visa Bulletin. Travel abroad is another common reason that individuals are not always able to file their I-485s immediately when the priority date becomes current. #1. Thanks. provided the dates are not moved backward.. Whats the prediction going forward at least for EB3 category? There are, however, overall risks in waiting for greatly extended periods of time, as explained below. Yes. Any idea how long it takes to get gree card interview with . Also, they get the number of pending applications of adjustment of status from USCIS. Final Action Dates and Filing Dates are not the same, and you must know the differences if you are a green card applicant. Hello, I am in India right now, my priority date is on 2010 October-EB2, i could not file my 485 now, do i loose the change to file ? The Department of State usually releases new visa bulletin two to three weeks ahead. If case action was originally made with EB-2 number was available but the date retrogressed before the case could be adjusted, USCIS would request an EB-2 visa authorization. If you have any questions about navigating the visa bulletin or are looking to become a lawful permanent resident in the U.S., pleasecontact our office to schedule a consultationwith one of our attorneys today! #workvisa #greencard #ead #485, Go to company page It may be helpful to document the steps the new employer has taken to file a labor certification on behalf of the employee. 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. I have filed the I-485 during Oct 2020 ( based on the Filing date chart in Oct 2020 Visa Bulletin). Watch this thread Start a new thread Add a post.
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