Is CSPa applicable in my case?

[Anand Sandy]

Does anyone here know the details of this act?

I am trying to see if it will be applicable in my case so that I can plan accordingly.

I filed for PERM on May 2007 through my employer. The petition was approved in Sep. 2008 and an I-140 was filed by my employer which was approved in Nov. 2008.

The visa number cut off for me right now is January 2003 and so it is quite some time before I can file for I-485.

I am currently on H1 and my daughter who is now 20 will definitely be over 21 when it is time to file 1-485. She is currently on F1 status.

Will she be eligible to file for her permanent residency under this Act when the visa number becomes available for me?

 

[mmed]

Does anyone here know the details of this act?

I am trying to see if it will be applicable in my case so that I can plan accordingly.

I filed for PERM on May 2007 through my employer. The petition was approved in Sep. 2008 and an I-140 was filed by my employer which was approved in Nov. 2008.

The visa number cut off for me right now is January 2003 and so it is quite some time before I can file for I-485.

I am currently on H1 and my daughter who is now 20 will definitely be over 21 when it is time to file 1-485. She is currently on F1 status.

Will she be eligible to file for her permanent residency under this Act when the visa number becomes available for me?

No if the rate of visa avilability stay the same

 

[Jackolantern]

I filed for PERM on May 2007 through my employer. The petition was approved in Sep. 2008 and an I-140 was filed by my employer which was approved in Nov. 2008.

The CSPA will allow you to subtract 2 months (i.e. the time between the I-140 filing date in Sep 2008 and the approval date in Nov. 2008) from your daughter's actual age. That would allow you to file the I-485 if she is younger than 21 years and 2 months old when your PD becomes current ... but those 2 months won't make a difference, as it is almost certain she will be much older than that when you are eligible to file the I-485.

 

[tfarrukh1116]

CSPA help also Q? on i-1864

No if the rate of visa avilability stay the same

I (mother) have received ds3032 and AOS on 09/15/2009 from NVC. I sent in DS3032 and paid fee online for my son on 09/15/2009.

Now my question is:

My son is now 23. how i need to notify NVC that CSPA applies to him? what method & when? should i or just stay quite? will they figure out or i do need to inform then about CSPA.

Here is more info:


6/1/1986 1. Son Date of Birth:

10/14/2005 2. Date Petition Filed:

4/29/2009 3. Date Petition Approved:

09/15/2009 (DS3032 & AOS received)

09/15/2009 sent ds3032 & AOS fee paid)

what should i do next?

also i am not working and have no incom, i am living with my older son, can he send i-864 instead of mine. do i need to do i-864 even i have no incom?

please help. thx