Form I-485, Application to Adjust Status, and related forms, your I-485 processing time can take anywhere from 8 to 14 months. This was due to a massive miscalculation from the Visa Office of the State Department: they were worried about unused F4 visas (because of a low response rate to the NVC's Welcome Letters), but advanced the VB dates too much, creating a significant backlog of interview-ready applications and forcing them to . The courtesy letter typically says not to send the i693 and that you should bring it to the interview OR send it in if they send an RFE. The Chinese final action date moved ahead by one week, now resting at July 22, 2015, while the Vietnamese date jumped ahead three weeks, landing at May 15, 2017. Hi William, In the U.S. Department of State's monthly visa bulletin, how to understand the "Date For Filing" and "Final Action Date"? There's no way to know exactly when, so . How long Indian EB-5 investors will avoid a backlog, however, is . This was due to a massive miscalculation from the Visa Office of the State Department: they were worried about unused F4 visas (because of a low response rate to the NVC's Welcome Letters), but advanced the VB dates too much, creating a significant backlog of interview-ready applications and forcing them to . VB Final Action Date. When the applicant's priority date becomes "current," he will be able to file for Adjustment of Status and receive his green card. That's a big deal if you're waiting for your priority date to be current so that your green card application can move forward. The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States.It has ultimate appellate jurisdiction over all U.S. federal court cases, as well as over state court cases that involve a point of federal law.It also has original jurisdiction over a narrow range of cases, specifically "all Cases affecting Ambassadors, other public Ministers and . Hi William, In the U.S. Department of State's monthly visa bulletin, how to understand the "Date For Filing" and "Final Action Date"? How to Read the Visa Bulletin. family, employment, asylum, etc.) If there is legislative action extending the categories for FY 2020, the final action dates would immediately become "Current" for January for all countries except China-mainland born I5 and R5, which would be subject to a November 22, 2014 final action date; India I5 and R5, which would be subject to a May 1, 2018 final action date; and . The Final Action Date (FAD) is the last day the budget is open for the department to post expenditures. For a visa to be available, the applicant's priority date must be prior to the Final Action Date listed on the applicable section of the visa bulletin. At a glance USCIS has announced that it will accept employment-based adjustment of status applications with a priority date that is earlier than the Dates for Filing listed in the October Visa Bulletin. EB1's unused GC numbers are given to EB2 ROW (The rest of the world). So, if the Final Action Date does not become current before your child turns 21, your . USCIS approves the petition, thus making August 31, 2021 Manuel's Priority Date. Date For Filing vs. May 2022. A priority date determines a person's position in line for an immigrant visa. That is when the priority date is said to be current: This means that do not abandon . 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 you'll need to file your I-485 application for adjustment of status within one year of your Final Action Date becoming current (if outside the US, you would need to apply for an immigrant visa within one year). The "Final Action Dates" indicate the dates an immigrant visa number will be available for a foreign national with a current priority date that month. 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. The cut-off dates in the "dates for filing" chart are slightly later (1-10 months) than those in the "final action dates" chart, which allows green card applicants to file their applications that much sooner. Under current USCIS policy, the Filing Date does not freeze the age of the child based on the Filing Date (see Recipe for Confusion: USCIS Says Only the Final Action Date in the Visa Bulletin Protects a Child's Age under the Child Status Protection Act). However, this is not a written rule and the Visa Office may release a new visa bulletin as early as the 8 th, or as late as the 18 th. Final Action Dates: Final action dates are determined by your Green Card category and chargeability area which is your country of origin. 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. 2. The Final Action Dates chart determines when an I-485 or IV can be approved, while the Dates for Filing Chart determines when an applicant can file an I-485. If the "Final Action Date" is not current, the State Department will be unable to authorize a visa number and the case is placed in the Visa Office's "pending demand file." The data maintained in the pending demand file data enables Charlie to better assess demand and move the "Final Action Dates" at a more reasonable and . If the H-1B worker's priority date is current and he or she has filed an adjustment application within one year of the priority date becoming current, then he or she may only extend H-1B status in one . Final Action Date: The Department of State's New Two-Tiered Visa Bulletin. If your category is current, then you can move forward with adjusting your status or consular processing as soon as your petition has been approved. A priority action can be a nonfinal or final action. Answer, To provide those who are stuck in immigrant visa quota backlog with the benefits of a pending adjustment, and to reduce waiting time where possible, U.S. Department of State's monthly visa bulletin provides "Date For Filing" and "Final Action Date" Priority actions are typically issued when an examining attorney believes the legal problems can be resolved in writing by the applicant once the problems are discussed by phone or email. 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. At this appointment, you will provide your fingerprints, photograph, and/or signature, which will . Each budget's FAD is listed on its Budget Information page in . This means that applicants who have a current priority date under the January 2019 Visa Bulletin may need to rush and file I-485 immediately and before February 1, 2019 as their date may no longer be current. Keep this data handy in case you need to compare it to the dates in this bulletin. Because a species' potential range may be very large, determining this moment is difficult, and is usually done . I-485 Can Be Filed Anytime in the Future Case 3: No Spillover, but EB2 to EB3 Downgrade Creates Movement. But why take that decision right away. Per-country visa limitations; and. OPEN OFFICIAL VISA BULLETIN. Note: Employment-Based Green Card process is driven by the Employer and cannot be self-sponsored. For a visa to be available, the applicant's priority date must be prior to the Final Action Date listed on the applicable section of the visa bulletin. My filing date is also just 2 months behind and I have I40 approved from my previous company and LinkedIn has not yet started the process. Appreciate if anyone has experience or answers for the following: Current state: EB2 India Date (Aug 2009) got current in Oct 2020 visa bulletin. USCIS has just announced that as of February 1, 2019, they will use the "Final Action" dates in the February 2019 Visa Bulletin for accepting new I-485 adjustment of status applications.. 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 . NJ80, When the PD retrogress, your application will move only upto decision stage (means, only evaluations will continue. The Indian final action date, however, zipped ahead from January 1, 2020, to "current"a move of seven months. An after-final response refers to a reply to a Final Office Action that is filed without a Request for Continued Examination (RCE). There are three stages for Green Card for EB2 and EB3. The second, new chart is the "Dates for Filing Application" chart, which indicates the date when a green card applicant can submit an I-485 adjustment of status application. Citizenship and Immigration Services (USCIS) will not adjudicate your case until your priority date becomes current again. It may be shorter for some and longer for others. Video Transcript. It's a judgment call that depends on whether the examiner will be open to reviewing . 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. So, if a case falls within the AC21 GC requirements, the current (pending) I-485 can continue based upon a new job offer. September 9, 2015. 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. Estimated Wait Time. During this period, candidates might get interview letters/RFE, if applicable. This chart shows that USCIS expects a green card number may be available in the near future (like the next 8-12 months) for your case and hence invite you to file your green card application. If 25,000 = Then the Final Action date could move . Keep track of your priority date, and take steps . As part of his executive actions on immigration, President Obama promised to provide those who are stuck in a quota backlog with "the benefits of a pending adjustment," and to "reduce wait times where possible."This portion of his announcement didn't receive much media . Posted June 24, 2014. Spillovers happen in this order: EB4 and EB5 extra green cards are given to EB1. At Herman Legal Group, Your Future Matters Most Call now to request a consultation +1-800-808-4013 24/7 Evening and Weekends REQUEST CONSULTATION The U.S. Department of State released its Visa Bulletin for May 2022 . As you can see from this screenshot taken in February 2017, the final action dates for almost every applicable country is current, meaning . The notice will tell you the date, time, and location of your appointment. Then it's time to move forward with the process of getting your immigrant visa or green card. If the final action date moves forward until it matches the current calendar date, it will be considered "current" (marked by a "C" in the bulletin). Special considerations if . 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. . At this stage priority date between oct01-mar02 does not matter. . A lot depends on what is the current age of your child and how soon it can get current in the EB2 final action chart. Watch the Video on this FAQ: Priority date and original I-140 approval notice. Your i485 EAD and AP card can be approved but your GC application (i485) stays pending until your PD date gets current in the 'Final Action' chart. The results are estimates and for your informational use only, and we specifically disclaim the accuracy of the information provided. Your name check needs be cleared by the time they take your I-485 file. Select the "Current Visa Bulletin." Forward to "Family-Sponsored Preferences" to see a table similar to the sample below. If you are a prospective immigrant, you can find your priority date on Form I-797, Notice of Action, for the petition filed on your behalf. Note that the USCIS guidance was written before USCIS accepted I-485 applications based on the "Dates for Filing" charts, so the interfile request can only be made when the Visa Bulletin final action date is current for the new IV petition. It would then be held until the final . Step 1: PERM/Labor Certification Stage (EB1 and EB2 NIW doesn't require this Stage) Step 2: I-140 Immigrant Petition Stage. So once again the priority date is yours the moment the I-140 is approved whether it is revoked the very next day, but if it stays unrevoked for 180 days whether or not you're with the same employer you also carry forward the right to extend your H-1B. EB-1 China and EB-1 India will remain current next month. In some unfortunate cases, denials will also occur. This is an approximation. Wait for 4-6 months to get better clarity. Final Action Dates: Final action dates are determined by your Green Card category and chargeability area which is your country of origin. From project selection to the final green card, our experienced team assists and advises investors throughout the EB-5 process. A priority date determines a person's position in line for an immigrant visa. After-final responses should be used judiciously depending upon the specific circumstances of a particular patent application. What happens when an applicant has an EB-2 case pending but subsequently moves to EB-3 for a more advantageous final action date? #1 What next once your Final Action Date becomes current 07-28-2020, 04:46 PM All, What are the next steps once your Priority Date becomes current for Final Action as per Visa Bulletin? Once the final action date in your section matches or passes your priority date, then your priority date is considered "current", allowing you to progress to the last step in the EB-2 green card process. After the FAD, your budget will automatically change from Status 1 (open to revenue and expenditures) to Status 3 (closed to revenue and expenditures, open to expense transfers). The Visa Office has not processed every applicant with a priority date earlier than a prevailing final action date. The green card priority date refers to the applicant's place in the visa queue to receive his green card. However, if a particular immigrant visa category is "current" on the Final Action Dates chart or the cutoff date on the Final Action Dates chart is later than the date on the Dates for Filing chart, applicants in that immigrant visa category may file using the Final Action Dates chart during that month. VB Date Movement. Suppose you have an Adjustment of Status (AOS) application currently pending. . What does it mean when a priority date is 'current'? The entire AC21 concept is that the I-140 remains valid with respect to a new job offer. You have to do the math and decide based on say 25,000, 50,000 and 75,000 folks downgrading and how the date will move for EB2 based on that. This may prevent the applicant from filing the I-485 when the priority date becomes current.

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