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  1. You can travel with your dependent to India before Sept. 2024 and your dependent can get H4 visa stamping done and be back to US with an I-94 until May 2026. Make sure that dependent's passport has enough validity to accommodate I-94 until May 2026. In case you are not travelling abroad before Sept. 2024 then dependent's visa can be filed online.
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  2. I got my I-140 Approved in August 2023 with a priority date of August 2022. My employer hasn't shared any info on the I-140. They applied for H4-EAD for my Spouse and it's in Process. I had requested a copy in FOIA with my I-94 and H1B (My first H1b) copy. I got "No Results Found". Is there any other process or document I should think of to get the copy? I don't have any information on I-140. Please Help !! @Attorney_20
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  3. Since you have the H1 Visa stamp based on an approved H1 Petition, you are considered cap counted and can look for other H1 sponsors. This applies even if the H1 petition were to be revoked. Another employer would file and get a H1 Petition approved for you and then you can come over on the existing visa stamp and start work.
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  4. I have questions related to eligibility to refile I-485 based on new updated CSPA guideline. My Employer filed my green card and following are the dates for the process. When my filing date became current I filed AOS I-485 for myself, wife and Son but didn't file I-485 for my daughter even though she was eligible to file I-485 based on her CSPA age. The reason not to file was as the USCIS was looking for final action date to approve I-485 and in my case there was no possibility that my final action date has move forward enough for my daughter to qualify and her application to get approved. Knowing that I didn't want to take chance for filing and getting denied later which might have made her Out of status cause and further issues for staying her in US. Now question is, with new CSPA rule change can we refile her I-485 as the new policy allows us to use filing date for CSPA calculation and freeze the child's age. Can we justify USCIS that if this rule was applied during my filing process, we would have filed her I-485 knowing that it would have been approved without any issue. Can we file I-485 based on extra ordinary circumstance (current USCIS change in policy related to CSPA )? What are the options do I have as of now and is you law firm can take this kind of case and file her I-485 and explain the situation to USCIS to accept her I-485 application and process it? Priority Date - Dec 21 2009 I-140 filing Date - Sep 16 2014 I-140 approval Date - Mar 27 2015 Total days for I140 Processing - 192 days (6 month 11 days) Date of filing become current - Dec 2018 visa bulletin CSPA age of my daughter when filing date become current - approx. 20 years 7 months Date for Final action date become current – Oct 2020. I would really appreciate you expert guidance on this case. Thanks
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  5. Myself and My wife got I - 551 (Green card) stamped on 29th November, 2022 in U.S. Consulate General, Mumbai. Its in F - 4 category.My son , however did not qualify for CSPA to immigrate and the same was denied. He is eligible on VISA Filing as per Chart B , but aged out as per Chart A.. With changes declared in Policy of CSPA on 14th February, 2023 by USCIS that VISA Filing Chart B in Visa Bulletin shall be considered for CSPA age calculation, where to take up the matter... Your last Bulletin has shown some ray of hope that DOS may consider it.. what is latest about this?
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  6. Sir,The amendment by USCIS in CSPA on 14th February, 23 is applicable to AOS cases and made Visa filing Chart B applicable for age freezing. 1. What are the chances of it being applicable to CONSULAR PROCESSING cases and when can it happen by amending FAM, specially when CSPA is equally applicable to AOS and Consular Processing cases?? 2. How much time does it take in FAM amendment?
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  7. Hello! My dad filed his I-140 in December 2005 (PD July 2005, EB3 India) and at that time I was age of 20 years, 3 months . My parents received their GC July 2017 but I did not due to aging out. I am 37 years old now, unmarried on H1b. Can I file I-290B, Notice of Appeal or Motion with the new CSPA policy that just went in affect on Feb 14th, 2023? Any help would be greatly appreciated here. Thanks!
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  8. Hello, I was 19 years old when my PD (Dec 2014) was current in date of filing. My parent filed I485 but I did not. My date has since retrogressed and I am now 21 and on F1 status. My parent's I485 has not been adjudicated due to retrogression. Can I file based on extraordinary circumstance despite retrogression?
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  9. My parents did not file my i485 when their PD became current per Oct20 Visa Bulletin's "Date of filing", though I was 20 years and 9 months only at that time, for the simple reason that my change of status petition (from H4 to F1) was pending (cos petition was filed in January 2020) with USCIS then. Since I had only 7 days (i140 was on premium processing and got approved within a week) to add to my age for CSPA purpose, we chose not to file i485 (as USCIS did not allow "age freezing" for 485s filed based on Date of Filings then) in order to protect COS petition (as lawyers opined that 485 filing would show "immigration intent" that would jeopardize F1 petition). In Jan 2021, I became 21 yrs (CSPA age) and hence could not file i485 when my parents PD became current per Jul21 Visa Bulletin's "Date of final action"). My parents eventually filed I130 (F2B) petition in Sep 2021 immediately after getting their green cards (not sure if this petition would suffice "seek to acquire" requirement. It was within one year from Oct 2020....) Now that USCIS has brought in this change (allowing age freezing for 485s filed based on Date of filings), can I file 485 now citing extra ordinary circumstance (current USCIS change re CSPA, (i.e) guidance in the policy manual dated Feb14, 2022 and my pending change of status petition then) as a justifications for having not "sought to acquire" within 1 year period. Please advise. Many Thanks. Girish
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  10. Does this new CSPA change help reopen a denial case if they filed I-485 in 2018 using filing dates (under 21) got EAD/renewal but later denied in 2020 due to age out (final action date). Can they file MTR now? If so how long will it take?
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  11. My lawyer said that your daughter would not be eligible for a “freeze” in her age under the Child Status Protection Act because your priority date was current at the time your I-140 was approved. My case - EB2 My I-140 approved on Aug/2022 My AOS filed on Sept/13/2022 My daughter age when I-140 approved was - 18 years 7 months 27 days My PD - Nov/19/2010 Pls. share your views or provide some guidance.
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