AGE OUT -pending 1 485... help

M

mihirrajul

Registered Users (C)
Friends,
I have pending I 485 ( EB 2-India ) with PD May 2005 for me and my daughter.
My daughter will be completing 21 year in April 2009. I am hopeful for decision on my EB2 case by april 2009 .
However if our case cannot be processed by April 2009 -what can happen to my daughter`s case?

I also have an approved I 130 for me ( F4- INDIA- PD may 1995) where she is also a beneficiary. I can file a new set of I 485 ( family base) and have decision by 6 month from now .
But ,I am under impression that filing 2 nd set of I 485 ( family case) will jeopardise my current EB2 I 485 which is pending and which can also have decision within 8-10 months from now and for the same reason I did not file another I 485 ( f. base,on approved I 130) where visa is current this time for me.

I am very much confused this time, if some one can advise me appropriate action by me at this time to protact status for my daughter.

Will AGE OUT has an impact on I 130 case also ?

Is there any way she can continue benefit of approved I 130 in future even after completion of 21 years.
 
Hi mihirrajul,

I do not knwo which visa status your daughter holds now. Why do not you apply F1 VISA for your daughter on a safer side. Also you can keep her in your I-485 process. I did the same for my son. But he has been transferred from H4 to F1 and also I included him in GC process. I am just a layperson like you. I provided the information what I did in our family. So think about this and clarify with an Attorney before you proceed.

mihirrajul said:
Friends,
I have pending I 485 ( EB 2-India ) with PD May 2005 for me and my daughter.
My daughter will be completing 21 year in April 2009. I am hopeful for decision on my EB2 case by april 2009 .
However if our case cannot be processed by April 2009 -what can happen to my daughter`s case?

I also have an approved I 130 for me ( F4- INDIA- PD may 1995) where she is also a beneficiary. I can file a new set of I 485 ( family base) and have decision by 6 month from now .
But ,I am under impression that filing 2 nd set of I 485 ( family case) will jeopardise my current EB2 I 485 which is pending and which can also have decision within 8-10 months from now and for the same reason I did not file another I 485 ( f. base,on approved I 130) where visa is current this time for me.

I am very much confused this time, if some one can advise me appropriate action by me at this time to protact status for my daughter.

Will AGE OUT has an impact on I 130 case also ?

Is there any way she can continue benefit of approved I 130 in future even after completion of 21 years.
Click to expand...
 
SAI_GIVE_GC2005 said:
I do not knwo which visa status your daughter holds now. Why do not you apply F1 VISA for your daughter on a safer side. Also you can keep her in your I-485 process.
Click to expand...

Two problems with this:

1) The parent cannot sponsor an F-1;
2) With the I-485 already filed, there is no way an F-1 can be obtained.

How long did the I-140 take to approve, from the date it was filed?
 
My daughter was here on H4B visa.
This visa is expired in July 2007 -we didn`t renewed it since I 485 was pending .
You are right getting F1 ( school can sponer it) with affect her I 485 processing.
So, I am looking for some options by which she can still continue her benefits on pending I 485 (EB2) & approved I 130 ( F4) .
I 140 was approved in feb 2006 ( it took approximately 6 months to get approved from filing date)
 
Last edited by a moderator:
mihirrajul said:
Friends,
I have pending I 485 ( EB 2-India ) with PD May 2005 for me and my daughter.
My daughter will be completing 21 year in April 2009. I am hopeful for decision on my EB2 case by april 2009 .
However if our case cannot be processed by April 2009 -what can happen to my daughter`s case?
Click to expand...
No need to worry! I had gone thro a similar situation for my son.
My understanding is the age gets frozen at the time when your daughter applied for I-485. My son had applied for I-485 as my derivative in Aug 2003 when he was about 20 years old and got approved in June 2007 at the same time when I got approved.
 
Dallas03096 said:
No need to worry! I had gone thro a similar situation for my son.
My understanding is the age gets frozen at the time when your daughter applied for I-485. My son had applied for I-485 as my derivative in Aug 2003 when he was about 20 years old and got approved in June 2007 at the same time when I got approved.
Click to expand...

Hi Dallas,
Could you please answer my questions?

Your PD
Waiting time to approve I-140
Your son's Age when you apply I-485

Thanks
Kasi....
 
I too will have almost similar problem in next one year

Dallas03096 said:
March 2002

about 1 year 9 months

19 years 11 months
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Hello Dallas....

As you said your son waited for 4 years to get his GC along with you. Meanwhile he must have attended some college. Could you please let me know has he converted to F1? My son is in 11th grade and going to 12th for next year. I am worried what to do? More over I am not sure we will get our GC and may be it will be denied also because of some issues and what will be my son status once if we have to leave the country because of denial. Could you please tell me what is the best option if you know.
 
we have a group of age outs forming together at www.expatsvoice.org , search aging out thread, we hope to get as many cases in one place as Carl Shuesterman, Charles Wheeler , Alan Lee and others are watching the thread and should be dicussed at the agm of the aila in June, so please share your story there
 
blueindia said:
Hello Dallas....

As you said your son waited for 4 years to get his GC along with you. Meanwhile he must have attended some college. Could you please let me know has he converted to F1? My son is in 11th grade and going to 12th for next year. I am worried what to do? .
Click to expand...
There is no need to convert to F1. Your son can study while his status is AOS.
More over I am not sure we will get our GC and may be it will be denied also because of some issues .
Click to expand...
Do not be so pessimistic. It will turn out alright for you. If you have any specific doubts, please consult your attorney.

and what will be my son status once if we have to leave the country because of denial. Could you please tell me what is the best option if you know.
Click to expand...

Your attorney is the best person to advise you on this one.
 
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