Filing I-485 and dependent son's Age max out

[Kemu123]

Hello Immigration experts
We are in USA on L1A visa. We applied for Green Card under EB1 category. Recently in Oct,2020 we filed our I-485 for all of us (me, my spouse and son). Later in November due to some family emergency my spouse had to travel to India. But at this point our L1A visa expired. We filed for renewal of L1 through my employer. Since Renewal is still to be approved by USCIS, my spouse is not able to come back to USA. Very recently I got one RFE for my renewal and our employer is in the process of filing the RFE response in few days time.
Meanwhile me and our son got I-765 & I-131 approved. But our son will turn 21yrs in Aug this year. If Green Card does not come by then will he be age maxed out? Is there any option to expedite our case so that our son does not get maxed out.
Any advice will be of immense help.
Thanks

[Enub4]

For EB1 I think you had to send form I-140 first and you then have a PD according to that form, right?
Is your I-140 pending or approved? If approved, how long it took?

I think your son qualifies for CSPA but I'm not 100% sure. If he qualifies, then the age is calculated once there are GC available in your category and because it is current then I think there is no problem that the GC is approved after he turns 21. For CSPA calculation you take out the time it took for the I-140 to be approved to your son's age once a GC is available. That age is frozen (for those categories that are available) and you have a year to try to get the GC (but your son already started the process). Good luck.

[Moving in]

Hi...I am in the same situation as you..and have consulted with my lawyer...as long as your son was less than 21 years when your priority date became current you are fine. Unfortunately my son was 21 years and 5 months when our priority date for EB1. SO he cannot be included in my application.

[Enub4]

Hi...I am in the same situation as you..and have consulted with my lawyer...as long as your son was less than 21 years when your priority date became current you are fine. Unfortunately my son was 21 years and 5 months when our priority date for EB1. SO he cannot be included in my application.

21 years and 5 months was the age or the CSPA calculation?

[Kemu123]

My son was 20 yr when priority date became current. BTW, what is CSPA calculation?

[Enub4]

https://www.uscis.gov/policy-manual/volume-7-part-a-chapter-7

Age at time of visa availability - Pending time = CSPA Age

So if the child was 21 years and 5 months at visa availability but the pending time was 6 months or more the CSPA Age will be 20 years 11 months and can qualify. Note: I'm no expert.

[Kemu123]

Thank you so much. In the above you wrote 'visa availability'. I guess you meant 'GC availability'. I am also planning to consult with Immigration Lawyer.

[Moving in]

Hi...the pending time was on week...application received on May 2nd...and approved on May 11...so the CSPA adjustment did not make a difference...

[Enub4]

Thank you so much. In the above you wrote 'visa availability'. I guess you meant 'GC availability'. I am also planning to consult with Immigration Lawyer.

Well, they say "visa availability" because the document also counts people outside the USA that need an immigrant visa, and when they arrive they will get the GC. If there are no visas available, there are no GCs available either.