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Attorney_22

Child Status Protection Act (CSPA)

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This week, Murthy Law Firm attorneys will answer questions regarding the Child Status Protection Act. 

Rules for Topic of the Week Threads:

1. Attorney's postings contain general information only and are not a substitute for case-specific legal advice.
2. The attorney will answer only those questions which relate to the main subject. If you have a question on some other issue, please start a new thread in the appropriate forum section.
3. The attorney will not necessarily answer every question posted and may provide a single answer to a group of similar questions.
4. Please do not provide information which would identify any specific company, university or individual.

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Hi

If one has two I-140s. for calculating the grace period can any I-140 be taken?

If first I-140 (with previous employer, not cancelled) approval took 3 months and second I-140 (current approval) takes 5 months, can I consider second I-140?

Note - Priority date would be ported to second I-140.

Thanks

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On 6/4/2019 at 9:55 PM, hms said:

Hi

If one has two I-140s. for calculating the grace period can any I-140 be taken?

If first I-140 (with previous employer, not cancelled) approval took 3 months and second I-140 (current approval) takes 5 months, can I consider second I-140?

Note - Priority date would be ported to second I-140.

Thanks

If your question is regarding the amount of time you can use in the CSPA calculation, it would be the processing time of the underlying I-140 petition the immigrant application is based on. 

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10 hours ago, Attorney_22 said:

If your question is regarding the amount of time you can use in the CSPA calculation, it would be the processing time of the underlying I-140 petition the immigrant application is based on. 

Thanks for your prompt response. Yes my question is related to CSPA calculation.

Can you pl elaborate 'underlying I-140'. Do you mean the I-140 by the current employer ?

In other words, one can't use previous employer's I-140 unless one joins them back. Is that right?

Thanks again.

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On 6/6/2019 at 10:37 PM, hms said:

Thanks for your prompt response. Yes my question is related to CSPA calculation.

Can you pl elaborate 'underlying I-140'. Do you mean the I-140 by the current employer ?

In other words, one can't use previous employer's I-140 unless one joins them back. Is that right?

Thanks again.

The processing time of the I-140 petition that the adjustment of status application is based on. However, to discuss this in detail it is advisable to call our office and speak to one of our attorneys. 

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