can somebody help me out with this....

[Familygcprocess]

I need to see if i can qualify for a greencard through my dad's employment petition.

I am using the following calculation method to calculate...I have provided an example which is extremely similar to my calcuation, but the dates are different (for privacy purposes). The ONLY THING I AM CONFUSED ABOUT IS...Which date do i use for date petition filed since the priority date on I-140 and I-485 is August 2002. The confusion part is that priority date is Aug 2002, I-140 receipt date is apr 2003 and approval notice is aug 2004.

1. Alien''s Date of Birth: Jan 1982

2. Date Petition Filed: April 2003
I-140 & I-485 filed concurrently on April 2003,
and priority date = Aug 20, 2002. I used Date filed as April 22, 2003

3. Date Petition Approved: Aug 2004

4. Length of Time Petition Pending (#3 minus #2): 1 year 4 months

5. Date Petition Became Current: Aug 2004

6. Date Visa Became Available (Later of #3 or #5): Aug 2004

7. Age of Alien on Date Visa Became Available
(#6 minus #1): 22 years 7 months

8. Age for CSPA purpose: Age at time Visa Became
Available minus Length of Time Petition Pending
(#7 minus #4): 21 years 3 months

But if i do the same calculation with Aug 2002 priority date, then my age is well below 21 years and i may benefit.

Pls help me out. It could mean A GC or NO GC for me....pls pls guys...i really need your help.

 

[TheRealCanadian]

I need to see if i can qualify for a greencard through my dad's employment petition. Pls help me out. It could mean A GC or NO GC for me....pls pls guys...i really need your help.

I can barely get my head around CPSA issues in Family-Based cases where there's no waiting for a Labor Certification to be completed; I am unsure whether the LC waiting time can be counted or not.

See an attorney.

 

[Familygcprocess]

I can barely get my head around CPSA issues in Family-Based cases where there's no waiting for a Labor Certification to be completed; I am unsure whether the LC waiting time can be counted or not.

See an attorney.

Thank you RealCanadian, but i can't afford a lawyer at this time. Can anybody else share their input please.

 

[TheRealCanadian]

Thank you RealCanadian, but i can't afford a lawyer at this time. Can anybody else share their input please.

The problem you face is that CPSA is a relatively obscure area, and determining whether the LC time is used in the calculation is even more obscure. You might get an answer; the question is whether that answer has any reasonable chance of being correct.

Seriously, spend $100 for a consultation with an attorney on that one specific question.

 

[bollywoodboyz]

hey Familygcprocess,

i think this might work in your case:
CSPA Section 3 Cases:

-- For Principals in F2A Cases, and For Derivatives in
Preference and DV cases: Age is determined by taking the
age of the alien on the date that a visa first became
available (i.e., the date on which the priority date
became current and the petition was approved, whichever
came later) and subtracting the time it took to adjudicate
the petition (time from petition filing to petition
approval).

http://travel.state.gov/visa/laws/telegrams/telegrams_1369.html

I think you should hire a lawyer like TheRealCanadian suggested or maybe someone here can help you out.

 

[TheRealCanadian]

i think this might work in your case

The problem is that in most employment cases, we have the additional step of the Labor Cert - I'm not sure if the processing time for the LC can be used to adjust the age downwards. The link you mention specifically refers to the "petition", and an LC isn't a petition in the immigration sense.