what benifit a derivatives child get in parents employmnet based immigrant petition

[prakash_534]

Thank you

Thank you very much austriacus
you covered all most all of my doubts..
Thanks

Hello Prakash,

I agree with boatbod that you might be better off asking in the EB forum since your case is an EB derivative case. But, I'll try to give you my understanding of your situation, but keep in mind my extremely limited knowledge of the EB process.

Your priority date, as a derivative of your parent's EB application, is the same as your parent's priority date, when the labor certification was filed. I gather this is Feb 3, 2003. All EB categories were current for all of 2003, so I believe your parent could have applied anytime after their LC and it puzzles me why they waited until Jan 2004. Be it as it may, it appears you were under 21 when a visa number became available in 2003, and your parent filed I-824 for you within one year of when the visa number became available, which in my understanding locks in your age for purposes of the CSPA so you remain eligible for following-to-join. But understand the CSPA is fairly complex, so you may want to consult with an attorney (maybe the one who worked on your parent's case?)! Also, due to retrogression, it's quite possible that your priority date is not current right now; I'm assuming the principal applicant is from India (but correct me if I'm wrong), and if they applied in EB-2, visa numbers are currently unavailable, and in EB-3 visa numbers are only available for PDs before 2001. (EB-1 is current.)

About your marriage question, my understanding is that you must be unmarried to be eligible for derivative benefits. Getting an F-1 might be difficult since the I-824 establishes that you're seeking an immigrant benefit. H-1B is entirely possible, it's a dual intent visa/status (but it's a lottery and it's not assured you get a visa, plus you need a sponsoring company). L-1 could also be a possibility.

 

[prakash_534]

what happen if i got marry

Thanks susan,

What if i got marry before my application gets approved,
suppose i got marry then
1. Will my application be continue?
2. DO i need to withdraw petition explicitly?
3. what future course action can i take?
4. how can i be benefited after getting marry, Do my parents need to file again for married child category, how long those kinda case take?

go to www.expatsvoice.org and search the thread aging out. or search aging out on this forum

If you marry, then your parents will be unable to get you to the states for years


Seems you are protected by cspa so long as you remain unmarried. Your file should go to the NVC and they will send out packet 3 to your parents Once retuned and verified they will forward your file to the American consulate in India, for you to be called for interview/medical etc.,

Once the file leaves NVC there is no tracing of your paperwork

 

[prakash_534]

How to retain PD for later FB filling??

How to retain PD for later FB filling??


The other part of CPSA is that even if you do age out, it does appear to allow you to retain the PD for a later FB filing, which may be worth pursuing. But to retain the PD would certainly involve your parents retaining a good US attorney with CPSA experience.[/QUOTE]

 

[prakash_534]

yes

Yes my parents (agent) had filed I 824 on Jan 14, 2004

Well, prakash, in my opinion your case hinges on whether the filing of the I-824 counts as you (or your parent as your agent) having acted on your permanent residency within one year from Feb 3, 2003, and if it preserves your age under the CSPA to be under 21 for purposes of following to join as a derivative minor child (and for how long?). If I had one question to ask an attorney, that's what I would ask.

Understand that the CSPA doesn't interfere with you in this case, it can only help. Without CSPA, you'd have aged out now and would not be able to apply as an unmarried child under 21 of your parent.

 

[prakash_534]

Thanks all member for kind explanation through out my case.. well now there is some update and i m gng to share it with u..

My parents hired new lawyer before 2 month, lawyer asked USCIS for my case status and also they sent G 639(Freedom of Information/Privacy Act) signed by me. USCIS replied on that matter that

"This pertains to your inquiry about the processing of Form I-824 you filed on Jan 15 2004, In the form you checked the block states "I am requesting that a US Consulate be notified that my status has been adjusted to permanent residence. Please notify the US consulate at:"You entered "follow to join" in this block and failed to indicate the location of the US consulate the report was to be made. Your legal representative provided the location of the consulate via telephone on this date June 16 2008. Accordingly, a copy of the permanent documents has been forwarded to the National Visa Center for further transfer to the US consulate in Mumbai, India."

After receiving this letter I emailed NVC on 9 July, 2008 "whether they received this I 824 case or not?" and I have got replied that "NVC did not receive such case".

Now here I want to know that
1. When will USCIS forward I 824 (following to join) cases to NVC ? Are they forward to NVC only when priority dates become current ?? or they simply forward approved cases to NVC ?? How will NVC approach once they get file from USCIS ?? Will NVC seat back until priority dates becomes current or How do they calculate/find Priority dates of I 824(my case is very complex, for detail you can read my posts) ??

Thanks in advance

Originally posted by aneri:
so, as long as the PD for I-140 became current before May 2006, you should be considered under 21 for immigration purposes.
In May 2006, you were 22y 5m. From that age you can deduct 17 months (I-140 pending) which puts you at 21.

I don't know when PD became current, so I made a reverse calculation showing by what date PD should have become current if you were to be considered under 21. And that's May 2006. I did not "freeze" or even mentioned your age on I-140 approval date.(June 2005)
[/QUOTE]