capturing priority date

S

shanchak

Registered Users (C)
I am regular reader of this forum and i feel there are more reader and answerer in this thread, so i am posting my query here.

He was included in F4 family visa category with priority date at the end of 1989.When the family got LPR status in 2001, he aged out as he became 23 years old. (Mother cried a lot for this type of cruelty of leaving a son behind in another country after waiting for 11 years. Who cares anyway!)
Mother applied again I130 in 2001 and the application got approved and waiting for visa priority date in F2B category. At present according to Visa bulletin, May 1999 is the cut of date, whatever.
Here is another twist: he is married now.
(Note: Marriage is also an important life event like getting green card!).And he is already in USA with his wife with H1 Visa. The company has applied for his green card with his wife (I-140, I485 etc) already.
Now my questions are
1) This earlier approval (F2B) will have any effect on present EB application?

2) Seeing the long line in immigration process in USCIS and uncertainty in EB category approval, Can the mother upgrade his F2b to USC F3 category after becoming US Citizen? In that case can he retain the earlier priority date may be 2001, if not 1989?
Or can EB application use his Family application priority date?
Can any one answer please.
thanks
 
shanchak said:
I am regular reader of this forum and i feel there are more reader and answerer in this thread, so i am posting my query here.

He was included in F4 family visa category with priority date at the end of 1989.When the family got LPR status in 2001, he aged out as he became 23 years old. (Mother cried a lot for this type of cruelty of leaving a son behind in another country after waiting for 11 years. Who cares anyway!)
Mother applied again I130 in 2001 and the application got approved and waiting for visa priority date in F2B category. At present according to Visa bulletin, May 1999 is the cut of date, whatever.
Here is another twist: he is married now.
(Note: Marriage is also an important life event like getting green card!).A and nd he is already in USA with his wife with H1 Visa. The company has applied for his green card with his wife (I-140, I485 etc) already.
Now my questions are
1) This earlier approval (F2B) will have any effect on present EB application?

2) Seeing the long line in immigration process in USCIS and uncertainty in EB category approval, Can the mother upgrade his F2b to USC F3 category after becoming US Citizen? In that case can he retain the earlier priority date may be 2001, if not 1989?
Or can EB application use his Family application priority date?
Can any one answer please.
thanks
Click to expand...

I'm confused by your question. He's in the US awaiting his GC and you want to know if his mother can sponsor him?
 
Thank you for taking interest in this case.
I am trying to make it clear.
He has one approved F2b application in USCIS but as he married now that will become void. But Mother has not withdrawn the application yet.Hoping may be ....
My questions are

Q) Already approved F2b case will have any positive or negative impact on present EB application decision?

His EB application is not yet approved. How long it will take no idea. Few years back employment visa category was current. Now there is a huge backlog of 5 to 6 years.

Q) In case his employment application takes too long to get approved, can mother as a US citizen convert his earlier F2b Visa approval to F3 category by retaining the earlier (F2b) priority date?
thanks
 
shanchak said:
In case his employment application takes too long to get approved, can mother as a US citizen convert his earlier F2b Visa approval to F3 category by retaining the earlier (F2b) priority date?
Click to expand...

It's worth a try. If the original application was approved I don't see why the PD cannot be retained.
 
Thank you very much!
And also thanks for kind positive answer!

I read a few article on retention of priority date.
There is rule for converting f2b to F3 by keeping the priority date for unmarried son or daughter and also for Eb category.
But I could not find any rule, which states that, a son or daughter married after the approval of F2b application can retain the priority date if the parents try to update the category to F3 after citizenship.
Can anybody put some insight on this?
 
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