Question regarding son/daughter of US citizen

S

sunshines

Registered Users (C)
Ok here is the situation: My father became a greencard holder in 2004 and at that time, he filed an I-130 on my behalf. This month he became a US citizen and we would like to upgrade our I-130 from F2B category to F1 category.

I would like to know who should we contact for this upgrade.

No. 2) our I-130 was approved in september 2004, but the case was never forwarded to NVC and currently, I am in US on h1B visa. So should I let USCIS notify about this status. My ultimate plan is to go through AOS so what should i do?

No.3) Once i upgrade the I-130 from F2B to F1, would i still retain the same priority date or would i be allocated a new priority date.

I kindly request someone to please answer my questions.

Thanx in advance
 
What is your priority date and country? If you are legally inside the US when your priority date becomes current for F1, you don't need to follow a special upgrade procedure. You can just go ahead file for AOS. Include a copy of his naturalization certificate and they will figure it out. You will retain the same priority date; only the category will change as a result of him becoming a US citizen.
 
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thanks Jackolantern,

I appreciate ur response. I read on some other website and other forum that we need to notify USCIS. However, i do realize that these people were outside US though.

I am in US on H1B right now. Priority date is Sep 1, 2004 and currenty date for F1 category is June 2004....so yes, i have quite a few months left, but if things keep in the same timeline, then maybe by Apr 2010...I should become eligible to file for AOS.

Thanks once again.
 
sunshines said:
I appreciate ur response. I read on some other website and other forum that we need to notify USCIS. However, i do realize that these people were outside US though.
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Yes, because they are outside the US and will interview for the GC at a consulate, they have to request the upgrade in order to get an interview date based on the new category. When you are in the US filing for AOS you don't need to do that.
I am in US on H1B right now. Priority date is Sep 1, 2004 and currenty date for F1 category is June 2004....
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In the first post you said the I-130 was approved in Sep. 2004. Priority date is the filing date, which would be at least a few months before the approval date. So is Sept. 2004 the approval date or the filing date?
 
sorry for the confusion.

Filing date sept 1, 2004
Receipt notice sept 22, 2004
Approval of I-130 May 2005.

Hence my priority date is written as sept 2004 on I-130 approval notice.

Thanks again for replying back. So i don't need to update my category change right. How long does it take to get EAD these days? just for curosity.
 
Although I believe the 90 days to produce a EAD is suspended while waiting for the applicant to reply for an RFE.
 
dhlunar said:
Although I believe the 90 days to produce a EAD is suspended while waiting for the applicant to reply for an RFE.
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Correct, but it is uncommon to receive an RFE for the EAD. Although I suppose they could suspend the EAD processing for the sake of an RFE on the I-485.
 
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Jackolantern said:
Correct, but it is uncommon to receive an RFE for the EAD. Although I suppose they could suspend the EAD processing for the sake of an RFE on the I-485.
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Correct, the 90 EAD time is suspended if an RFE is issued on the I-485. It will start over once the RFE has been received by the service center.

I think this rule goes back to the days when it took immigrations months and years to process I-485. I read that some people who did not qualify under the law where applying for GC so they could get the EAD while GC pending benefit, and because the cases where taken so long it would take a while for their case to come up.
 
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