US Immigration Questions

  1. Friday, 20...
    Question: My question is about the latest news regarding H4-EAD. I understand that DHS has asked for abeyance until 30 Dec, 2017. USCIS and DHS is evaluating the H4- EAD rule in accordance with the Presidential "Buy American, Hire American" policy. DHS will refocus its review of the H4 rule to ensure that it meets the newly announced priorities and to decide whether to undertake a new rule making concerning the H4 rule and comply with the Presidents Order. <br> Please find this note requesting you to explain in layman terms what this could mean for the H4-EAD holders.
    Answer:

    Watch the Video on this FAQ: Status of H-4 EAD litigation/suit

    Video Transcript:

    Right now, according to the government, this lawsuit pertains to regulations that may not be relevant because the government may decide to overrule these regulations with some new regulations.

    What would the new regulations state we don't know yet as the possibilities are several. The government could end up modifying the rule, narrowing it or could end up totally rescinding that rule and of course if you have to rescind a regulation I don't know of doing it other than going through the rulemaking process again.

    So that would probably take a few months and my guess would be in order to keep the exit from the regulations if there is indeed an exit orderly the government will probably provide some months grace period for closure on the H-4 EAD's. So right now that's what we know. More...

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

  2. Thursday,...
    Question: What are the requirements to get a visa and green card as an international entrepreneur? Is the start-up visa effective?
    Answer:

    Watch the Video on this FAQ: Current immigration/visa options for entrepreneurs

    Video Transcript

    A few options for Entrepreneurial Visas:

    You could come in on E visa, H visa, O visa or TN visa and eventually get a green card based upon various other options including EB-1A if you are extraordinary qualified individual or EB-5 if you are making the required amount of investment and creating the jobs necessary under the rule. 

    You can also come in through L-1A if you have a foreign company you have worked outside for that company for at least one year as an executive or managerial employee, you can start a company or buy a company in the United States and transfer yourself or your key managerial employees or employee to the USA. L-1 is the fastest way of getting a green card because L-1 is potentially processed within a few weeks because you can file premium processing and once you are in the USA you can file a EB-1 based green card which will get you seen through the process normally within a year, sometimes as little as three to five months. More ...


    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

  3. Wednesday,...
    Question: Having plans to travel to India in last week of Sept 17 and with my visa stamp on passport expiring on 1st Sept 2017, need to go for visa interview & when I am filling my DS-160, came across the question : Have you ever been unlawfully present, overstayed the amount of time granted by an immigration official or otherwise violated the terms of a U.S. visa? Considering the above situation, could you please help with what to answer Yes/No. If Yes, what comments to be written in the EXPLAIN BOX .
    Answer:

    Watch the Video on this FAQ: Status and unlawful presence questions in the form DS-160

    Video Transcript

    This is a very generic statement. Do not depend on this as the last word on the subject. Generally speaking, the following two or three rules should be kept in mind. First of all, if you are ever in doubt you are better off saying yes, I was out of status and yes, I was unlawfully present and let the consulate deal with that issue. If you are not in fact not out of status and you are not unlawfully present there is no issue, but if you were out of status or lawfully present and you don't reveal that it can be construed to be fraud or misrepresentation which then becomes a permanent bar from entering the United States. It is a very painful situation. If you tell the truth, no issue.  More...

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

  4. Tuesday, 19...
    Question: Example Scenario: H1-B EB3. Candidate is in US for 10 years and extending his H1-B using approved I-140.<br> If a Candidate’s Priority Date is Current can the Candidate file I-485 after 4 years of the Priority Date being Current? Is it allowed without problems? Is there any specific limitation on the timing of filing (like I-485 should be filed within a specific time period after the priority date becoming current)
    Answer:

    Watch Video on this FAQ: Are there any time limits on how late an I-485 can be filed after the priority dates become current?

    Video Transcript:

    There is no law that requires you to file the I-485 right away, but there could be some issues about H-1 extensions. You will certainly not be able to get three year H-1 visa extensions. Of course, you can work on EAD. More...

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

  5. Tuesday, 19...
    Question: We are being informed that EB-5 investments in regional centers are now possible until December. The date has been extended. <br> 1) Is this true?<br> 2) Given that a green card is available years after the initial investment, in the current volatile immigration climate, how safe is an EB-5 ?
    Answer:

    True. The EB-5, the religious visa programs and Conrad 30 waives for foreign physicians have been extended until 8 December 2017 pursuant to H.R. 601 – Continuing Appropriations Act, 2018 and Supplemental Appropriations for Disaster Relief Requirements Act, 2017.

    Green card through EB-5 category continues to be an option for a specific category of investors,  who have the money ($500,000 pr $1M) to invest. Under the US Constitution, the government cannot make laws that change vested rights retroactively. Therefore, if you have already invested and filed your EB-5 papers, I don't see why you need to worry about subsequent changes in the law.

    Everyone with a running business outside the United States should seriously consider first the EB-1C category, which is considerably more attractive than EB-5 for several reasons. EB- 1C does not require a specific amount of investment, it requires instead only a business in the United States that is a subsidiary, branch, parent or affiliate of a foreign corporation transferring an executive or a managerial level employee to the United States. The managerial or executive employee receives an L-1A visa within a few weeks and can get a green card within a few months.

  6. Wednesday,...
    Question: I went to the US in May 2014 on H1-B working for Employer A. In Feb 2016, I moved to work for Employer B (small US based company, on other offices) with H1-B transfer receipt. The new job was remote work, so I started working from home for Employer B. I received RFE in April 2016 and I went to India the same month. While I was in India, the transfer got approved in June 2016 and I came back to the US with the approval notice as proof. My visa was getting expired in Sep 2016, so extension was filed with Employer B. The extension also got approved after RFE and extended till Sep 2019. <br> Current Situation:<br> Now, I came to India in Jan 2017 for my marriage. I went for visa stamping in Delhi with my wife (for H4) in Feb 2017. The visa officer asked me about my Role, client, and other common questions which I answered correctly. VO then collected my documents (I-129, client letter etc) and handed me 221(g) letter saying that he needs some time to review the documents. We left the embassy and the wait started. In March 2017, I received an email from embassy asking for the latest LCA which I promptly provided. After that there was no response for a few months, and I started working from India in US hours. Since my employer is a small company, they did not hire any attorney and did the processing themselves. They also did not seem to put any effort to expedite or help the process. In July 2017 (after 5 months), I received a call to collect the passport. On collecting the passport, the stamping was not done and I received a letter stating that my stamping is being refused and visa is sent to consulate for revocation. This came as a shock. I notified my employer, they were disappointed and did not know what can be done about this case. When I enquired, they said they don't want to spend more resources on this case and are fine with me continue working from India (reduced salary). <br>1. Is it possible to have the case reconsidered and to know the exact reason for refusal? If yes, how would I go about it without the support of my employer?<br> 2. If this is only for stamping, how long will my extended visa be valid? Can I try the stamping again with this employer or find a new employer from India and use the same visa with them?<br> 3. What happens to my assets (personal stuff, bank accounts, etc) in US?<br> 4. If I can legally work for the same employer, how does it affect my taxes? Do I now pay taxes in India and in US both? Since when I can be considered liable to pay tax in India (when I came to India or stamping refusal date etc)?
    Answer:

    Watch Video on this  FAQ: What are the options of an H-1B visa denied and a petition sent for revocation?

    Video Transcript

    1. Not until a notice of intent to revoke is sent.

    2. This case is going back to USCIS. 

    3. You can always get the assets back. You can try getting a tourist visa that's one way to do it. Second is to send somebody a power of attorney. You can get together with lawyers of the state where your assets are and get a proper power of attorney made out in the name of a friend. They can take care of it for you.

    4. I guess in India the answer is yes. But you don't have to pay taxes both in India, as usual, there is a relief available for people in your situation, but I am not a tax expert, you need to talk to a Chartered Accountant in India.  More...

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

  7. Tuesday, 12...
    Question: Back in 2007 I started dating my now ex husband back in high school. In 2010 we got married, we were 18 at the time. The Process was estressful because the IO thought we got married for the papers, we had 30 days to prove it was a bonafide marriage, we hired a lawyer, sent the proof, waited for a long time, finally got the permanent green card after 2 years. A month after he left, he said wasn't happy anymore, we didn't get a divorce but 5 months later I met someone, and then 3 months after I got pregnant, my ex and I ended up getting a divorce in December 2016. Could they use it against me applying now for my citizenship after being a resident for 5 years? Could they use that they thought it was fraud before (even though it was proven otherwise) against me because of everything that happened after(us separating, him leaving, me getting pregnant)?
    Answer:

    Watch the Video on this FAQ: Denial of naturalization/citizenship applications - the new trend

    Video Transcript

    Under the Trump administration, I am noticing there has been a much higher incidence of naturalization applications getting denied for some. Some of them are very odd reasons. I will discuss three cases so that you folks can share and be mindful before you file naturalization application. 

    One was an employee who had been a green card holder for six or seven years and applied for naturalization and government denied his naturalization saying that when we approved your I-485 we should not have approved it because you were working in a place where you were not authorized to work without getting a proper amendment back in 1998. So, they have gone back so many years to say that because of that your green card was approved in error. According to them, It should not have been approved and they were not going to give naturalization. The interesting thing is that I had told them that I had represented the company that was being hauled up for fraud only to the extent that I wanted to negotiate upon the employer’s request with the US attorney's office so that the employees don't get hurt because none of the employees was implicated in any of the allegedly fraudulent dealings. But I was not able to convince the USCIS. We could get the US Attorney's office on our side and make them see that these employees do not need to suffer. So, the result is several years later somebody’s notice is being denied.  The problem being if USCIS can deny naturalization by stating there was an error in the green card application they can also go after the green card. That could be the next logical step and that's what worries me and that's highly unfair. Of course, we are going to take up the case and fight it for these folks. 

    The second case being the employer signed a Form 9089. According to the government that was fraudulent because they failed to disclose the relationship of the employee with the CEO of the employer.  The lawyer had told them that this is a far-removed relationship it’s not immediate family so you can say “no” to the Form 9089 question where it says, “are you related to the employee under the green card process” and they said “no” and their notice is being denied because government says you lied on that form. Again, we would be able to fight this case.

    The third case is order. People have lived here for 15 to 17 years. Everybody in the family is a citizen, the lady of the house who is not a citizen yet applied for naturalization but in the meantime, husband got a great temporary job offer outside the United States and the government says you are going to lose your green card. They have just moved recently and I don't see how they can do that. I don't see how it is questionable, and it is outrageous, but we must be prepared for the new paradigm of immigration law. 

    So, when you go for naturalization I strongly advise you to please discuss your background with a competent counsel. More...

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

  8. Tuesday, 5...
    Question: I am currently working on H1B visa, My current visa stamping is via my previous employer (Employer A) and valid till September 2017 and my I-797 is via my current employer (Employer B) ,its valid till August 2018. I have few queries regarding my new H1B visa stamping and I-94. <br> 1. Can I get my visa stamped in CANADA or any other country nearby to USA without revisiting INDIA.<br> 2. Am I eligible for drop box option for my new stamping as my current stamping is via my previous employer. <br> 3. I can see also my I-94 expiring is September 2017. Do I need to reach out to USCIS to update it, in order to maintain my status.
    Answer:

    Watch the Video on this FAQ: H-1B visa stamping in Canada or Mexico; importance of I-94

    Video Transcript

    1. You can get your visa stamped in any country which is called Third Country National (TCN) processing. It is a good idea to check with them beforehand. Sometimes if they have too much of a workload, especially in Mexico they might temporarily stop taking TCN's. 

    2. I don't know because I don't know the rules for the drop box. If you read the rules and you qualify for them, then the answer is yes.

    3. I-94 is important. Once you are inside the USA your status is governed by the I-94. You could have a visa good till 2020 but if your I-94 is expiring tomorrow then you are going to be out of status day after tomorrow and unlawfully present. If your I-94 is expiring you got to get that extended whether it is through an H-1 extension or if you already have an approval and you can go outside with the visa for a visa stamping. H-1 and L-1 visas require a prior approval from USCIS. H-4 and L-2 visas do not. More...

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

  9. Friday, 1...
    Question: I have a question on H1B stamping. I am currently working with employer A. I have visa stamping till Nov 2018 and it shows the name of my previous employer, employer B. I am planning to visit India in the coming month of November 2017. Should I go to visa stamping and get a new visa showing a new employer, employer A? In the past, I have encountered a similar situation and I came back successfully with out getting a new stamp. I am not aware of current immigration law. Have there been any changes in this aspect?
    Answer:

    Watch the Video on this FAQ: Is new H-1B visa stamping needed if you change employers?

    Video Transcript

    I don't think you need to. Once again, I caution you that if you ask the consulate they might give you a different answer, but in the Foreign Affairs Manual in their standard operating procedures, I remember seeing there was no such requirement so you could travel on the old visa and the new approval. More...

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

  10. Thursday,...
    Question: I am a US permanent residence (Green card holder) working in the US. I have received my Re-entry permit which will expire in Feb 2019. I have plans to get married to a bride from India and I will be visiting India shortly. I know that to process Family based second category GC (F2A) for my wife in India can take a minimum of 2 years and I will be separated from my wife during this time. Here is my plan to live together (with my wife from Day 1 in the USA) after getting married in India. After my marriage, ask my wife to apply for a tourist visa and I will send the sponsorship letter required by US consulate. Do you see any challenges in my wife's tourist visa application getting approved if my wife states that she is visiting the USA to see her husband if the Visa officer asks any question?
    Answer:

    Watch the Video on this FAQ: Fastest method of getting spouse of a green card into the USA and reducing wait

    Video Transcript

    Normally if your husband is living in the United States, the consulate is not very easy going about giving visas because they suspect that once you enter your husband will apply for your green card. Hence getting a tourist visa itself is definitely questionable. Second is when you apply for a tourist visa any representations you make must be absolutely and meticulously truthful. You cannot make things up. Hence tourist visa is by no means guaranteed but certain visas like H-1, L-1, O-1 don't really care whether you have family living in the USA. So if she qualifies you could look at something like that. More...


    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

  11. Friday, 25...
    Question: I have approved I-140 with company A and my wife has her I-140 approved or over 2 years. I'm planning to move to H4 EAD. Can I file for H4 and H4 EAD concurrently? What would happen to my earlier I-140 and also to the GC process if I am on H4?
    Answer:

    You can most definitely file H-4 and EAD together. Your green card process can continue even though you have changed your status.

  12. Tuesday, 22...
    Question: 1. In respect to the above, Case: I-485 pending since 4 years. Did not renew H1B as using EAD/AP. Can a primary applicant on Green card have multiple jobs on EAD ? More than one W2's simultaneous.<br> Employer A (original) - Filed Green Card<br> Employer B (temporary) - New Employer<br> Work for both Employer A & Employer B.<br> 2. Is it important to have a continued pay stub from Employer A (original company)? Can I work for Employer B for few months and then work back for Employer A? Will there be any problem during final Adjudication?
    Answer:

    Watch Video on this FAQ: I-485 applicant holding multiple jobs on EAD

    Video Transcript

    1. If you qualify under AC21 that is same or similar to the offered job under the green card or if you are going through the green card sponsoring employer, you will maintain that job. So, if you are currently maintaining that job full time and doing all other jobs at the same time or you intend to return back to that job when your green card is approved you can actually have simultaneous jobs with several different employers.

    2. A green card is based upon a job offer which could be present or future. So for example, if you are working for employer A it can be a job offer for a present job or they could be offering you a promoted position. More...

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

  13. Thursday,...
    Question: My dependents visa stamp on passport expires on Sept 1st 2017 and have valid I-94 till Sept 1st 2017 and this was with the previous employer A I worked for. I moved to a different employer B a year back and haven't filed H4 for dependents with employer B as it was not necessary. Now if my dependents travel to India prior to Sept 1st 2017, do I still need to file for H4 extension or is it good if they attend the interview at consulate in India and get visa stamped on passport without H4 extension using my approved I-797 (till 2019) with employer B.
    Answer:

    Watch Video on this FAQ: Does H-4 require a prior USCIS approval for visa stamping?

    Video Transcription

    You do not need to get an H-4 extension from USCIS when you have certain derivative visas like H-4 or L-2. Those visas are given based upon the approval of the H-1 holder and the L-1 holder. For the dropbox facility, you have to look at the local rules. More...

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

  14. Thursday,...
    Question: I have an approved I-797A with company B valid till 2018 May (attached i94 with same dates). My Visa with Company A valid till 23 Aug 2017 (old passport). I got a new passport in 2015 Dec, which I have applied after moved to company B. I traveled to India in June 2016 and comeback, CBP officer gave me I-94 till 23 Aug 2017 with new passport entry, because of new passport I-94 number changed. My question is I-94 (May 2018) is on my I-797 is still valid or it will valid only till 23 Aug 2017? If valid only till 23 Aug 2017, How to solve this issue with out going out of the country.
    Answer:

    Watch Video on this FAQ: I-94 given for a shorter duration at the airport than the petition approval date

    Video Transcript

    No, the government wants you to look at only the most recently issued I-94. If it is a government error, then you can correct it through CBP otherwise apply for an H-1 extension like you normally would through USCIS or go outside the USA and come back using the approval that is good till 2018. They should be able to give you a new I-94. More...

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

  15. Thursday,...
    Question: I am a naturalized US citizen through marriage since August 2015. I have sponsored for my brother and mother. Being an immediate family member my mother got her green card within 7 months and for my brother, it's probably a waiting for 12 years. However, I have not sponsored for my father yet because he is currently handling the business and property in India. My father has tried 3 times for tourist visa in last 2 years but he got rejected by the US embassy in Delhi. We don't want to try again for the tourist visa now. I want to sponsor green card for him now but need advice on a couple of concerns. It can take my father up to 7 years to wrap up everything. What is required for my father to maintain his green card in terms of physical presence/physical travel How long can it maintained without being actually living in the USA more than 6 months? We cannot do an investment here for a new house in his name due to financial concerns. In other words, I have concerns like if my father is unable to maintain the green card status and unable to obtain a tourist visa, then will he be stuck in India forever?
    Answer:

    Watch Video on this FAQ: Reentry permit to preserve green card and extensions

    Video Transcript

    I think it is ok. You can get him a green card and then do a re-entry permit if you feel that's appropriate and if he loses his green card then he loses it. That's ok, you can always reapply again. If you have something to file, please go ahead and file it and don't wait up for it. More...

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

  16. Thursday,...
    Question: 1. I have I-140 approved and its more than 6 months over. My priority date is March 2011 under EB2. At this situation, if my current employer lay me off from work, what immediate step I need to do, in order to legally stay in the USA. ( Do I need to contact my lawyer to change my H1B visa status and my family status to Tourist visa or Can I change my status online or what is the option?). <br> 2) With the new I-140 EAD regulations effective Jan 17th 2017 in place, am I eligible to apply for EAD using "Compelling circumstances EAD", if my company laid me off? As of July dates for filing for EB2 visa application is 01FEB09 , which is more than 2 years wait time for my dates to be current.
    Answer:

    Watch Video on this FAQ: New regulations, effect on layoff after I-140 approval

    Video Transcript

    1. Having an I-140 approval that stayed in existence for 180 days does not protect your current status by itself so with the new rule you've got that 60 day grace period to file for an H-1 or any other kind of change of status after the layoff so you have got that 60 day grace period you could try applying for a tourist visa if nothing else works out.

    2. Yes. You can use Compelling Circumstances EAD. See my blog for more details.

    More...

     

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

  17. Thursday,...
    Question: I am currently on F1 in OPT status and working for Employer A, my Employer A filed for H1b this year. and I am currently waiting for my H1b approval Approval. Can my Employer start my green card process when I am in F1 status?
    Answer:

    Watch Video on this FAQ: Can a green card be started on F-1 status?

    Video Transcript

    For people who are born in backed up countries where the priority dates are extremely backed up like India, China, Philippines, Mexico its dangerous to start a green card because F-1 status does not allow you to have immigrant intent whereas statuses like H-1, H-4, L-1, L-2, O-1 etc... allow you to have a dual intent. TN doesn't allow one to have a dual intent, so when you are in these kind of statuses where the dual intent is not permitted and you file a green card you run the risk of having trouble in getting any kinds of extensions, visa stamping or reentry into the U.S. But if you are born in a country like Saudi Arabia, Pakistan or Nepal or anywhere in Europe where these dates are not backed up then sometimes it is possible to get the whole green card wrapped in EB-1, EB-2 or EB-3 category within a year. More...

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

  18. Thursday,...
    Question: 1. I had my H-1B approved in Feb 2017. I moved to the US after H-1B petition is submitted. My employer filed for COS from H4 to H1 through premium processing in March 2017. Got RFE on COS petition for proffered position and employee and employer relationship. which they have replied to .. And now got a second RFE asking for a combination of following or similar types of evidence: Letter explaining how the Level 1 wage designation LCA that you have provided corresponds to the proffered position. Document to support that the level 1 wage designation on the LCA supports the proffered position. <br> 2. What are the other options if my COS petition is is denied? <br> 3. Am I eligible for transfer if I get an offer from the new company? <br> 4.Is my approved H-1B still valid and cap exempt, whatever is the outcome of COS petition decision?
    Answer:

    Watch Video on this FAQ: Evidence or documents created after the filing of a petition

    Video Transcript

    1. As a general rule, USCIS takes the position that any documents or events that occur after you have filed a case are normally not going to be accepted as part of the case. Level 1 jobs are entry level jobs that are still being developed. If you submit a new LCA and say this is a level 2 position and the LCA is dated after the filing of this case that would be thrown out. You will have to refile the case. 

    2. Well if you are not subject to the quota you can always refile the case. 

    3. Yes, if you have earlier received a change of status or an H-1 visa. USCIS has been inconsistently telling us that they want us either to get a change of status or an H-1B visa stamping. Near approval is not enough. 

    4. Yes, if you have earlier received a change of status or an H-1B visa stamping. More...

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

  19. Wednesday,...
    Question: Will there be any issue with my I-485 approval? If it gets denied, will my unlawful presence/out of status be counted from the time my I-94 expired? What should be my next steps?
    Answer:

    Audio FAQ: Protection of section 245 (K) for employment-based I-485

    Audio Transcript

    1. 245(k) says if you are an employment based applicant or spouse or child of an employment based applicant we will forgive you up to 180 days of being out of status or on authorized employment since the date of your last entry. Any period accumulated before last entry we can disregard. We only count from the date of the last entry. Hence it is a very strong permission to help you file I-485.

    2. 245(k) is automatically given. The government actually applies for it themselves. You don't have to do anything special for it.

    3. When you are in between statuses: H-1B extension pending or old I-94 expired you are not in status enough to apply for this kind of status. But if your status expired less than 180 days ago because of section 245(k) you can file Adjustment of Status. More...


    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

  20. Tuesday, 25...
    Question: I wanted to understand how Child Status Protection Act (CSPA) works in the case of employment based green card (EB-2) of the parent. My priority date is of 2012 under EB2, I-140 approved. Can CSPA be used to calculate child age when my EB2 priority date becomes current? Wondering what options I have when priority date becomes current and child age is 21+
    Answer:

    Audio FAQ On: Child Status Protection Act in employment-based petitions

    Audio Transcript

    Child Status Protection Act (CSPA),  in employment-based petitions will allow you to take advantage of the time your I-140 is pending. So if your I-140 was pending for 8 months your child can file I-485 with you if the dates become current until 21 years, plus 8 months. Hence whatever time your I-140 was pending that time becomes an additional grace period for the child to file I-485 with you. The only advantage you will get is the dependency of the I-140. Other than that, there is no advantage. More...

     

    Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

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