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

[prakash_534]

Hello all,

I have query regarding Employment based immigration petition, My parents are in USA and they had filed Employment based immi petition and It is approved. They have included my name in their petition as benificiery, I am living in India right now. please go through below details and clear me some doubts

My parents petition details are as below with approval notice dates

1 Labor Certification (Form ETA-750) Labor Law, Approved in March 2003--APPROVED

2 Concurrently filed I 140 and I 485

3 I 140 Section 203 (b)(3)(A) (i)or(ii), (Approval notice details)--APPROVED
Rcvd dt:Jan 16 2004,Priority dt:Feb 3 2003,Notice dt:June 5 2005

4 I 485 (Approval notice details)--APPROVED
Rcvd dt:Jan 16 2004,Priority dt:Jan 16 2004,Notice dt:Sept 11 2007

5 I 824 For derivative unmarried child,date of birth 28 dec 1983
Rcvd dt:Jan 15 2004,Notice dt:Jan 16 2004

6 parents GOT GC in september 2007,

Which priority date will be considered for derivatives child ?
Does CSPA help me getting aged out?? (My date of Birth is 28 dec 1983), Please see the notice details to make decision
How long will it take to approve(clear) such kinda petition ?? likely dates
What if i m getting marry before this petition approve??
Do i apply for F1(student visa) or H1B visa while this petition is pending ??

Please answer me all of this question so i can make decision for my coming years.
I would really appreciate your detailed reply.

**** **** UPDATE on THIS case **** **** **** ***

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
Prakash Patel

[prakash_534]

Update on the case

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

Hello all,

I have query regarding Employment based immigration petition, My parents are in USA and they had filed Employment based immi petition and It is approved. They have included my name in their petition as benificiery, I am living in India right now. please go through below details and clear me some doubts

My parents petition details are as below with approval notice dates

1 Labor Certification (Form ETA-750) Labor Law, Approved in March 2003--APPROVED

2 Concurrently filed I 140 and I 485

3 I 140 Section 203 (b)(3)(A) (i)or(ii), (Approval notice details)--APPROVED
Rcvd dt:Jan 16 2004,Priority dt:Feb 3 2003,Notice dt:June 5 2005

4 I 485 (Approval notice details)--APPROVED
Rcvd dt:Jan 16 2004,Priority dt:Jan 16 2004,Notice dt:Sept 11 2007

5 I 824 For derivative unmarried child,date of birth 28 dec 1983
Rcvd dt:Jan 15 2004,Notice dt:Jan 16 2004

6 parents GOT GC in september 2007,

Which priority date will be considered for derivatives child ?
Does CSPA help me getting aged out?? (My date of Birth is 28 dec 1983), Please see the notice details to make decision
How long will it take to approve(clear) such kinda petition ?? likely dates
What if i m getting marry before this petition approve??
Do i apply for F1(student visa) or H1B visa while this petition is pending ??

Please answer me all of this question so i can make decision for my coming years.
I would really appreciate your detailed reply.

**** **** UPDATE on THIS case **** **** **** ***

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
Prakash Patel