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. 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 . Keep this data handy in case you need to compare it to the dates in this bulletin. What does it mean when a priority date is 'current'? Keep this data handy in case you need to compare it to the dates in this bulletin. 2. You must respond to a priority action within six months from the date it issues. 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. Final Action Dates: Final action dates are determined by your Green Card category and chargeability area which is your country of origin. When the number of immigrant visas is finally available, the foreign national can reach one of the important green card process steps where their physical visa can be finally issued. The priority date is earlier (before) the final action date. Per-country visa limitations; and. RFE most likely mean 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. 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 . Date. A priority action can be a nonfinal or final action. Because a species' potential range may be very large, determining this moment is difficult, and is usually done . 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. 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. Questions: Once the PD become current, the decision will be made, probably in . Start by checking out the . For example, July Visa Bulletin is most likely published between June 10 th and 15 th. Finding Your Priority Date. The basis of your adjustment of status (e.g. 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. 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. This helps us get estimated dates and projected path of VB dates based on spillovers shown as EB2 FAPD (EB2 Final Action prediction) and EB3 FAPD (EB3 Final Action Prediction). 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.. Form I-485, Application to Adjust Status, and related forms, your I-485 processing time can take anywhere from 8 to 14 months. Below are the things that you can do depending on your situation. 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 When your final action date becomes current, you would see "Current" or "C" in the Visa Bulletin. 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. Your name check needs be cleared by the time they take your I-485 file. 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 . 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. A priority date determines a person's position in line for an immigrant visa. In some unfortunate cases, denials will also occur. Green Card Priority Date Movement: Please select Preference: F1 F2A F2B F3 F4 EB1 EB2 EB3 EB4 EB5 Rest Of World China India Mexico Philippines. EB3 India Priority Date - Visa Bulletin Movement. Each budget's FAD is listed on its Budget Information page in . It's a judgment call that depends on whether the examiner will be open to reviewing . If one is able to overcome the reasons for the denial, typically through an appeal or a motion to reopen, s/he (and all dependent family members) may be able to file the I-485 at a later time. This means that do not abandon . USCIS approves the petition, thus making August 31, 2021 Manuel's Priority Date. The Department of State usually releases new visa bulletin two to three weeks ahead. The Indian final action date, however, zipped ahead from January 1, 2020, to "current"a move of seven months. After your I-485 is filed, you will receive a notice in the mail about your biometrics services appointment, which will be held at a local Application Support Center (ASC). 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. NJ80, When the PD retrogress, your application will move only upto decision stage (means, only evaluations will continue. The Visa Office has not processed every applicant with a priority date earlier than a prevailing final action date. In order to estimate dates, this Site uses the Visa Bulletin data from previous fiscal years and the current fiscal year, and make calculations about possible future dates. Portability means that you may continue your current greencard process even if your position, location of employment, and employer change as long as the following conditions are met: 1 . Keep track of your priority date, and take steps . The notice will tell you the date, time, and location of your appointment. 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 . 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. In that case, to adjudicate your green card, your priority date must be current under the Final Action Chart. Special considerations if . Step 1: PERM/Labor Certification Stage (EB1 and EB2 NIW doesn't require this Stage) Step 2: I-140 Immigrant Petition Stage. Wait for 4-6 months to get better clarity. I am assuming any work on newly current cases will start from August 1. May 13, 2022. will be a significant factor. 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. The waiting time before receiving an immigrant visa or adjusting status depends on the : Demand for and supply of immigrant visas. 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. It may be shorter for some and longer for others. 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 . What happens when Final Action Date is current ? Estimated Wait Time. USCIS's decision to grant or deny a transfer request is discretionary. 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. 485 has been applied (when date was current for short time several years ago) and have EAD and AP from several years and also medical test is up to date. 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. If you miss this as well, the government will perceive you have quit, and the next person in the line will get your visa number to the next. September 9, 2015. The U.S. Department of State released its Visa Bulletin for May 2022 . But why take that decision right away. When a case's priority date becomes current (or sometimes shortly before that), USCIS would review the case and identify any new issues such as expired medicals and issue an RFE. Per-country visa limitations; and. 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 entire AC21 concept is that the I-140 remains valid with respect to a new job offer. At this stage priority date between oct01-mar02 does not matter. Case 3: No Spillover, but EB2 to EB3 Downgrade Creates Movement. If final action date moves closer to my date, I am Planning to move back to my previous company too. So, if the Final Action Date does not become current before your child turns 21, your . Watch the Video on this FAQ: Priority date and original I-140 approval notice. This is an approximation. Your child gets CSPA protection only if the date got current in the Final action chart. no decision will be made). 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. Hi William, In the U.S. Department of State's monthly visa bulletin, how to understand the "Date For Filing" and "Final Action Date"? 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). Once you know your priority date and your preference category, proceed to the U.S. State Department's monthly visa bulletin. VB Date Movement. 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 . meaning that the priority date must be current. This is an important date because once the immigrant visa number is available, the foreign national's physical green card can be issued. EB-1 China and EB-1 India will remain current next month. In February 2020, the Final Action Date of F4-All Countries retrogressed considerably. Date For Filing vs. On the contrary, the VO makes visa allotments only on the basis of total applicants reported documentarily qualified each month, compared with available . The final action date for an oversubscribed category is the priority date of the first applicant who could not be reached within the numerical limits. There's no way to know exactly when, so . 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. The green card priority date refers to the applicant's place in the visa queue to receive his green card. So, if a case falls within the AC21 GC requirements, the current (pending) I-485 can continue based upon a new job offer. For example, in the Visa Bulletin for September 2019, under the F4 category (Brothers and Sisters of U.S. citizens), the Filing Date Table B Priority Date is 08MAR07 (March 8, 2007) while the Final Action Date Table A Priority Date is 01NOV06 (November 1, 2006). Thus, the key differentiating factor between the one and three year extensions is whether the H-1B worker's I-140 priority date is current. 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). Note: Employment-Based Green Card process is driven by the Employer and cannot be self-sponsored. Citizenship and Immigration Services (USCIS) will not adjudicate your case until your priority date becomes current again. 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. Appreciate if anyone has experience or answers for the following: Current state: EB2 India Date (Aug 2009) got current in Oct 2020 visa bulletin. Select the "Current Visa Bulletin." Forward to "Family-Sponsored Preferences" to see a table similar to the sample below. When the applicant's priority date becomes "current," he will be able to file for Adjustment of Status and receive his green card. There are three stages for Green Card for EB2 and EB3. As you can see from this screenshot taken in February 2017, the final action dates for almost every applicable country is current, meaning . Please Note: Applicants entitled to immigrant status become documentarily qualified at their own initiative and convenience. 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. 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. Portability means that you may continue your current greencard process even if your position, location of employment, and employer change as long as the following conditions are met: 1 . It would then be held until the final . OPEN OFFICIAL VISA BULLETIN. EB-2 China Final Action Dates will remain at July 1, 2018, and EB-2 India will remain at September 1, 2011. Then it's time to move forward with the process of getting your immigrant visa or green card. If 25,000 = Then the Final Action date could move . 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). I have H4/L2 Kid under 21 years: In cases of H4 children, we strongly suggest filing a new EB2 i485 always. #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? 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. At this appointment, you will provide your fingerprints, photograph, and/or signature, which will . If you don't know what a "visa bulletin" or a "priority date" is, we've got you covered. Video Transcript. One day, 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. Step 3: I-485 Adjustment of Status Stage. In February 2020, the Final Action Date of F4-All Countries retrogressed considerably. 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. 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" Extinction is the termination of a kind of organism or of a group of kinds (), usually a species.The moment of extinction is generally considered to be the death of the last individual of the species, although the capacity to breed and recover may have been lost before this point. . How long Indian EB-5 investors will avoid a backlog, however, is . This is a real possibility, but very hard to predict how many applicants are downgrading. 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. 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. Posted June 24, 2014. 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). . Spillovers happen in this order: EB4 and EB5 extra green cards are given to EB1. This may prevent the applicant from filing the I-485 when the priority date becomes current. family, employment, asylum, etc.) "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 first chart, the "Application Final Action Dates" chart will list the priority dates that are current. The waiting time before receiving an immigrant visa or adjusting status depends on the : Demand for and supply of immigrant visas. 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. Green card priority dates are given to applicants when the number of visa applications exceeds the supply for . 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. During this period, candidates might get interview letters/RFE, if applicable. 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. I-485 Can Be Filed Anytime in the Future 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 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 . VB Final Action Date. . From project selection to the final green card, our experienced team assists and advises investors throughout the EB-5 process. The first thing Manuel does next is to check the State Department's Visa Bulletin, a list showing "cutoff dates," or which Priority Dates are "current," meaning that their holders are now entitled to visas. That is when the priority date is said to be current: After-final responses should be used judiciously depending upon the specific circumstances of a particular patent application. If you haven't heard from USCIS within 30 days of your visa availability or you would like to get information about your case's status, you should contact the USCIS Contact Center at 800-375-5283. EB1's unused GC numbers are given to EB2 ROW (The rest of the world).