I have query regarding Employment based immigration petition, My
parents are in USA and they had filed Employment based immi petition and It
is approved. They have included my name in their petition as
benificiery, I am living in India right now. please go through below details and
clear me some doubts

My parents petition details are as below with approval notice dates

1 Labor Certification (Form ETA-750) Labor Law, Approved in March
2003--APPROVED

2 Concurrently filed I 140 and I 485

3 I 140 Section 203 (b)(3)(A) (i)or(ii), (Approval notice
details)--APPROVED
Rcvd dt:Jan 16 2004,Priority dt:Feb 3 2003,Notice dt:June 5 2005

4 I 485 (Approval notice details)--APPROVED
Rcvd dt:Jan 16 2004,Priority dt:Jan 16 2004,Notice dt:Sept 11 2007

5 I 824 For derivative unmarried child,date of birth 28 dec 1983
Rcvd dt:Jan 15 2004,Notice dt:Jan 16 2004

6 parents GOT GC in september 2007,

Which priority date will be considered for derivatives child ?
Does CSPA help me getting aged out?? (My date of Birth is 28 dec 1983),
Please see the notice details to make decision
How long will it take to approve(clear) such kinda petition ?? likely
dates
What if i m getting marry before this petition approve??
Do i apply for F1(student visa) or H1B visa while this petition is
pending ??

Please answer me all of this question so i can make decision for my
coming years.
I would really appreciate your detailed reply.

Thanks in advance
Prakash Patel

GC holders can petition unmaried children.

F1 or H1 sound your best bet.

when did the PD Feb2003 for I-140 became current?

for I 140 PD is Feb 3 2003 and for I 485 PD is Jan 16 2004

how and where can we see that priority date is become current??

how long will it take after priority date becomes current for I 140

Thanks aneri

quote:

Originally posted by aneri:
when did the PD Feb2003 for I-140 became current?

quote:

Originally posted by Prakash_NEED_Help:
how and where can we see that priority date is become current??

try here http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html under Archived Bulletin
I don't know your parents' category and country...
Normaly, I-485 can't be approved before PD is current...

hi aneri,

My parents I 140 n I 485 is allready approved, n i m benificiery of their I 140 petition, see the signature for details, They were filed I 140 based upon EB3 category, In this case wat would be my priority date ??

Thanks

quote:

Originally posted by Prakash_NEED_Help:
hi aneri,

My parents I 140 n I 485 is allready approved, n i m benificiery of their I 140 petition, see the signature for details, They were filed I 140 based upon EB3 category, In this case wat would be my priority date ??

Thanks

I see you signature. Your age is calculated: age at the time PD (Feb 2003) for I-140 became current - (minus) the time I-140 had been pending. So, in order to see if you qualify as a child (under 21) and have not aged out, we need that piece of info.

thanks aneri
My date of birth is 28th dec 1983

age on feb 3 2003(Priority date) = 19 year 2 months

age on June 5 2005 (I 140 approval) = 21 year 6 months

can u put these dates in ur equation, i m quite confuse, i think pending period(from priority date to approval) shld be substracted from the date I 140 approval date.

wat is ur IM, so we can have better conversation..
THanks

I got your PM. For now, and since you already posted all the personal info, I prefer to keep it here, so the others can see and jump in with their imputs.
I'll get back with some calculations when I find some time...

The time I-140 had been pending is: Jan 2004 (receipt date)- June 2005 (approval date) = 17 months

so, as long as the PD for I-140 became current before May 2006, you should be considered under 21 for immigration purposes.
In May 2006, you were 22y 5m. From that age you can deduct 17 months (I-140 pending) which puts you at 21.
You can look up when PD became current at the link I gave you (under employment category 3 and your country).

Now, I-140 and I-485 were filed together. And in January 2004, all the categories were current. That suggests that your parents' PD may had been current at the time when you were under 21. In that case, you did not aged-out either.

If PD was current at the time of the I-140/I-485 submission, what took so long for your parents to get green cards?! And you have no news on I-824?

Thare was some retrogesion in employment based PDs, but I am not too familiar with that.

There are several conditions for taking advantage of CSPA. The other is that derivate has to "sought to acquire" benefits within a year. I-824 was filed in Jan 2004, and that should cover that part.

Anyhow, if I were you I would try to find out what happened to I-824 and get that going. Have you ever heard from the consulate? NVC?

And - if you get married you can no longer be considered a child and dependant on your parents' petition.

Thanks aneri

No, we havent received any update on this case from either NVC or Mumbai consulate, well i have checked the status of my I 824 case in uscis.gov, where in portfoio list it shows status is updated on 06/24/2007.

quote:

Originally posted by aneri:
The time I-140 had been pending is: Jan 2004 (receipt date)- June 2005 (approval date) = 17 months

so, as long as the PD for I-140 became current before May 2006, you should be considered under 21 for immigration purposes.
In May 2006, you were 22y 5m. From that age you can deduct 17 months (I-140 pending) which puts you at 21.
You can look up when PD became current at the link I gave you (under employment category 3 and your country).

Now, I-140 and I-485 were filed together. And in January 2004, all the categories were current. That suggests that your parents' PD may had been current at the time when you were under 21. In that case, you did not aged-out either.

If PD was current at the time of the I-140/I-485 submission, what took so long for your parents to get green cards?! And you have no news on I-824?

Thare was some retrogesion in employment based PDs, but I am not too familiar with that.

There are several conditions for taking advantage of CSPA. The other is that derivate has to "sought to acquire" benefits within a year. I-824 was filed in Jan 2004, and that should cover that part.

Anyhow, if I were you I would try to find out what happened to I-824 and get that going. Have you ever heard from the consulate? NVC?

And - if you get married you can no longer be considered a child and dependant on your parents' petition.

aneri,

I have mailed my I 824 receipt number to nvc to check whether they have received any update on my petition from uscis or not?? and they have replied me that , they havent got any receipts or application of my case.
Does it mean that still uscis is in process of my petition??
Is uscis send I 824 receipt to nvc as soon as it was filed or uscis will wait till my priority date becomes current ??
Do you know any attorney who is specialize in this CSPA matter ??

Thanks

quote:

Originally posted by Prakash_NEED_Help:
Thanks aneri

No, we havent received any update on this case from either NVC or Mumbai consulate, well i have checked the status of my I 824 case in uscis.gov, where in portfoio list it shows status is updated on 06/24/2007.

quote:

Originally posted by aneri:
The time I-140 had been pending is: Jan 2004 (receipt date)- June 2005 (approval date) = 17 months

so, as long as the PD for I-140 became current before May 2006, you should be considered under 21 for immigration purposes.
In May 2006, you were 22y 5m. From that age you can deduct 17 months (I-140 pending) which puts you at 21.
You can look up when PD became current at the link I gave you (under employment category 3 and your country).

Now, I-140 and I-485 were filed together. And in January 2004, all the categories were current. That suggests that your parents' PD may had been current at the time when you were under 21. In that case, you did not aged-out either.

If PD was current at the time of the I-140/I-485 submission, what took so long for your parents to get green cards?! And you have no news on I-824?

Thare was some retrogesion in employment based PDs, but I am not too familiar with that.

There are several conditions for taking advantage of CSPA. The other is that derivate has to "sought to acquire" benefits within a year. I-824 was filed in Jan 2004, and that should cover that part.

Anyhow, if I were you I would try to find out what happened to I-824 and get that going. Have you ever heard from the consulate? NVC?

And - if you get married you can no longer be considered a child and dependant on your parents' petition.

aneri,

why have you mentioned may 2006 in calculation ??
I m still confused, whether m considered as a child or not for uscis processing ??

becoz still visa number is not current for my PD and i m 24 and 4 months as of today, so substract 24year n 4months-17months(which u counted)==obviously more than 21..

correct me if i m wrong in any calculation

I would appreciate ur comment on this..

Regards

quote:

Originally posted by aneri:
The time I-140 had been pending is: Jan 2004 (receipt date)- June 2005 (approval date) = 17 months

so, as long as the PD for I-140 became current before May 2006, you should be considered under 21 for immigration purposes.
In May 2006, you were 22y 5m. From that age you can deduct 17 months (I-140 pending) which puts you at 21.
You can look up when PD became current at the link I gave you (under employment category 3 and your country).

Now, I-140 and I-485 were filed together. And in January 2004, all the categories were current. That suggests that your parents' PD may had been current at the time when you were under 21. In that case, you did not aged-out either.

If PD was current at the time of the I-140/I-485 submission, what took so long for your parents to get green cards?! And you have no news on I-824?

Thare was some retrogesion in employment based PDs, but I am not too familiar with that.

There are several conditions for taking advantage of CSPA. The other is that derivate has to "sought to acquire" benefits within a year. I-824 was filed in Jan 2004, and that should cover that part.

Anyhow, if I were you I would try to find out what happened to I-824 and get that going. Have you ever heard from the consulate? NVC?

And - if you get married you can no longer be considered a child and dependant on your parents' petition.

quote:

Originally posted by Prakash_NEED_Help:
aneri,

why have you mentioned may 2006 in calculation ??
I m still confused, whether m considered as a child or not for uscis processing ??

becoz still visa number is not current for my PD and i m 24 and 4 months as of today, so substract 24year n 4months-17months(which u counted)==obviously more than 21..

well, now I am confused too...
you said that your parents' I-485 was approved in Sep 2007! I-485 can't be approved if priority date is not current. As a dependant, you would have the same PD as your parents.

When you say your visa number is not current for your PD, by what PD you go?

yes it is true that their I 485 is approved in sept 2007
its true that i have same PD but in which category should i look in visa bulletin,
their I 140 that is EB3 for india was current wen they file I 140 n I 485 in jan 2004, n it was later approved in sept 2007.

but for my I 824 case which category's PD should i have to look??

nvc ppl says they havent receive any I 824 case of mine n USCIS havent have any update on it, then where should i match ??

It is really very complex story. u go through my signature again n u ll be clear.

quote:

Originally posted by aneri:

quote:

Originally posted by Prakash_NEED_Help:
aneri,

why have you mentioned may 2006 in calculation ??
I m still confused, whether m considered as a child or not for uscis processing ??

becoz still visa number is not current for my PD and i m 24 and 4 months as of today, so substract 24year n 4months-17months(which u counted)==obviously more than 21..

well, now I am confused too...
you said that your parents' I-485 was approved in Sep 2007! I-485 can't be approved if priority date is not current. As a dependant, you would have the same PD as your parents.

When you say your visa number is not current for your PD, by what PD you go?

The only glitch that I can see in your case is the time when the Form I-824 was filed which is a critical matter, that as you said it was filed in January 2004 (or it was filed 'concurrently' with the employment-based AOS) which I think should not have been the case. That's the reason why it's probably 'set aside' by the USCIS.

Form I-824 is being filed to request for further action on an 'approved' petition or application, which in your case should have been based upon your parent's I-485 approval.

So in my opinion it would be OK if a new Form I-824 would be filed from September 2007 onwards within one year so you may be eligible for a derivative dependent visa or 'following-to-join' immigration benefit via consular process. That's granting that you're a CSPA beneficiary.

Check out www.expatsvoice.org and search the thread aging out, it may have an answer for you

quote:

Originally posted by susie:
I have a current CSPA law suit for my son.Problem is the advisory opinions section are not interpreting expansively or correctly

He was to follow to join I 824 was filed within one year of I 140 approval, before he was 21years and pending at enactment of cspa. He should be protected under the limited exception clause, but Jeff Gorsky disagrees

If you want to talk and compare notes, join www.expatsvoice.org and send me a pm with your contact details, my user name is susie

Have you tried contacting Charles Wheeler, via www.cliniclegal.org he wrote the book on the CSPA?

susie in www.expatsvoice.org , i have searched string "aging out" but it didnt give any result, where exactly the thread located on that site..
Thanks

quote:

Originally posted by susie:
I have a current CSPA law suit for my son.Problem is the advisory opinions section are not interpreting expansively or correctly

He was to follow to join I 824 was filed within one year of I 140 approval.

If you want to talk and compare notes, join www.expatsvoice.org and send me a pm with your contact details, my user name is susie