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  • EB3 to EB2 - Question on Child Status

    I posted this earlier too. Once again my question regarding EB3 to EB2.

    My PD is EB3-India-Aug 2006; I filed for AOS in July 2007 including my first son who was 18 then. Now he will be 21 in Nov 2010. We got a notice from USCIS that he is protected under CSPA despite him aging out. That was good. Recently I finished my MBA and want to pursue EB2 jobs. From your forums I understand we can port my EB3 Priority Date to speed up the GC process. Will this affect my first son's petition? If I don't do this I will be in AOS/EAD status for next 12 years at a minimum. I really find it difficult to get any educational loan or scholarship for my children without GC. My second one too will be in college soon. Please advise if I can pursue EB2 jobs without jeopardizing my first son's current AOS? Thanks in advance

  • #2
    Re: EB3 to EB2 - Question on Child Status

    That is a very interesting question. Strictly speaking, your son is only covered by the first AOS application, unless you can get the second one on file before his birthday in November. If you can, that will solve your problem. If not, then you are going to have to persuade the CIS to allow you to substitute your new EB2 I-140 in place of your existing EB3 I-140. That is not normally permitted (see http://www.immigration-information.c...-485-file.html). Under these extraordinary circumstances, however, you may be able to do it.
    Ron

    James Ronald Gotcher
    Global Immigration Partners
    4505 Las Virgenes Road, Suite 107
    Calabasas, CA 91302

    818-914-6482
    Inquiries@GotcherLaw.com

    Comment


    • #3
      Re: EB3 to EB2 - Question on Child Status

      Dear Ron,

      Thank you very much for your clarification. I feel helpless and disheartened now. Even if I get my labor filed it may take at least 10 months to get approved and by then he will be 21. Can an experienced and expert Immigration attorney like you be able to persuade CIS in substituting my EB3140 with EB2140? Theoretically there is no new information I am going to provide in 485, right?

      Originally posted by Ron Gotcher View Post
      That is a very interesting question. Strictly speaking, your son is only covered by the first AOS application, unless you can get the second one on file before his birthday in November. If you can, that will solve your problem. If not, then you are going to have to persuade the CIS to allow you to substitute your new EB2 I-140 in place of your existing EB3 I-140. That is not normally permitted (see http://www.immigration-information.c...-485-file.html). Under these extraordinary circumstances, however, you may be able to do it.

      Comment


      • #4
        Re: EB3 to EB2 - Question on Child Status

        You still have the option of using your EB3 to immigrate. If you do, your son is protected by CSPA.
        Ron

        James Ronald Gotcher
        Global Immigration Partners
        4505 Las Virgenes Road, Suite 107
        Calabasas, CA 91302

        818-914-6482
        Inquiries@GotcherLaw.com

        Comment

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