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I was born in the UK, and moved to the US in 2007 (age 10) as a dependent of my dad's L1 visa. He was L1-B for the first 7 years, then we moved back to Europe for just over a year (late 2014 to early 2016) so he could gain extra qualifications and be put on the upgraded L1-A visa, which is faster for applying for GC. Therefore, I'm on an L2 visa. I graduated high school in 2014, and postponed going to college until we were permanently settled in the US. I am set to finally start college this fall (accepted and committed to going to a school in the U.s., etc), but staying here on a student visa would likely be too expensive, so were I to age out at 21 (which I will do only a few months after I'm supposed to start college), I'd have to move back to England while my family stay here, and start all over again.
Now, my dad's company applied for (i-140, I believe) some time last year, and we hope that will be approved soon. We'll then immediately apply for the i-485, but based on the processing times reported for our local field office, if the timing is the same then that it is now, we won't be processed until after I age out (unless that's not how the times work, and there's a chance we're approved before the advertised average processing time - we'll assumedly be doing EB-1, which I hear is faster). Since we're technically on nonimmigrant visas, I don't think I'm protected under the CSPA and not sure my age would "freeze" upon applying for i-485, though I'm also not sure if that only applies to i-130 and if i-485 is a different thing entirely.
Basically, what I want to know:
-my L2 will expire this November. I believe after we're approved for the i-140 I will be able to get an EAD. Is this true? If so, will I be able to stay in the U.S. while i-485 is pending even after I age out?**
-Will my age as a dependent "freeze" when the i-485 is filed?
-Is there a chance we'd be approved BEFORE the average processing timeframe for our field office? Are ALL i-485's processed at the same time, or are certain ones (EB-1, etc) looked at first?
*Note: my dad has said his work say not to worry about me having to leave the country, but looking at the very slow processing times gives me doubts. There's a chance i-140 and i-485 were filed concurrently (which we were, I think, eligible for), and I just wasn't aware.
**Also note: the current plan is that I start college before we get the green cards, we pay for the first year, and from then on (hoping we'll get GC within a few months of starting college - which would be the case given the average processing times), since I'll then be a permanent resident, I can apply for student loans. Obviously nothing is guaranteed, but that's the hope, anyway. Naturally, I don't want to be forced to separate from my family and start life over when my whole life - family, friends, lifestyle, career goals - is in this country and has been for most of the past 10 years. I've spent pretty much every night for the past few months searching for answers on immigration forums, and finally decided to just ask the questions myself.
Now, my dad's company applied for (i-140, I believe) some time last year, and we hope that will be approved soon. We'll then immediately apply for the i-485, but based on the processing times reported for our local field office, if the timing is the same then that it is now, we won't be processed until after I age out (unless that's not how the times work, and there's a chance we're approved before the advertised average processing time - we'll assumedly be doing EB-1, which I hear is faster). Since we're technically on nonimmigrant visas, I don't think I'm protected under the CSPA and not sure my age would "freeze" upon applying for i-485, though I'm also not sure if that only applies to i-130 and if i-485 is a different thing entirely.
Basically, what I want to know:
-my L2 will expire this November. I believe after we're approved for the i-140 I will be able to get an EAD. Is this true? If so, will I be able to stay in the U.S. while i-485 is pending even after I age out?**
-Will my age as a dependent "freeze" when the i-485 is filed?
-Is there a chance we'd be approved BEFORE the average processing timeframe for our field office? Are ALL i-485's processed at the same time, or are certain ones (EB-1, etc) looked at first?
*Note: my dad has said his work say not to worry about me having to leave the country, but looking at the very slow processing times gives me doubts. There's a chance i-140 and i-485 were filed concurrently (which we were, I think, eligible for), and I just wasn't aware.
**Also note: the current plan is that I start college before we get the green cards, we pay for the first year, and from then on (hoping we'll get GC within a few months of starting college - which would be the case given the average processing times), since I'll then be a permanent resident, I can apply for student loans. Obviously nothing is guaranteed, but that's the hope, anyway. Naturally, I don't want to be forced to separate from my family and start life over when my whole life - family, friends, lifestyle, career goals - is in this country and has been for most of the past 10 years. I've spent pretty much every night for the past few months searching for answers on immigration forums, and finally decided to just ask the questions myself.
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