Kids age for EB1

[libra14]

My company recently applied for my GC under EB1 category. I should be getting my I140 approved soon with priority date as July 2019.

Since the PD is not current under EB1 for my country, I cannot apply for AOS (I485) right now.

Seems like I've to wait for 3-5 years.

My son is right now at the age of 18 years & by that time he will be 21+.

Question: At that time will he be applying under F2A or F2B ? The age is counted based on PD or based on I485 filling date?

[Enub4]

I guess, after you get your GC, you will be able to file form I-130 for him and will be under F2B.
PD will be when you file form I-130.
I could be wrong.

[newacct]

It's complicated. It's his age at the time a visa number becomes available, but the length of time the I-140 petition is pending is subtracted from his age.

[scientist2016]

As newacct mentioned the time for which the I140 has been pending is subtracted from the physical age of the child (as per CSPA guidelines). So given your priority date of July and assuming approval in October, you get an additional time of ~3months beyond your child actually turning 21 for the child to be considered your dependent for GC.

[Enub4]

Maybe more explaining is needed, if your kid is less than 21 years + time it took your I-140 to be approved when the PD became current, then CSPA will be in effect and your kid will be able to get a GC with you.

If your kid is older than 21 years + time to approval for I-140 he will age out and will need to start a new process under another category.

At least this is what I understand. Good luck, I hope they remove the per-country limit and your PD became current before your kid is 21.

[libra14]

Thanks all