In October'20 I filed for the EB3 downgrade based on the Date of Filing, my wife and son were included in the petition. In December'20 my son filed for the F1 - I539 adjustment of status petition. In April'21 my wife, son, and I received the GC EAD Cards. In Aug '21 the EB3 Final Action Date became current for me, and my son became 21 and should be covered under CSPA. In Feb'22 USCIS approved his I-539 F1 COS petition. My son is a Senior in college doing his major in Industrial Engineering in the final semester. He is on the lookout for possible internship/employment opportunities. Does the F1 approval mean he is no longer under GC EAD? What's your recommendation on whether he should choose to be on F1 or seek employment on GC EAD?
My recommendation would be to just use the green card EAD. You cannot do interfiling because then your son would lose his CSPA protection.
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Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
Potential CSPA
Hello Rajiv Sir, Can you please advise me for my son's situation, who is a derivative applicant and will be aging out next year in Feb 2023. I have both eb2 and eb3 approved petitions from my earlier employer, however, I have recently joined a new employer, after 190 days of my eb3 I140 approval (1485 pending since Oct 2020).
Our priority date is May 2014 and my son also has received his EAD/AP from our EB3 GC application. Currently, my son is on H4 and his EAD is valid till Nov 2023 (basically almost 9 months beyond his 21 yr in Feb 2022).
Note - Our PD is not yet there under any Final Action Date for eb2 or eb3 however it may become current in eb2 soon. I believe he is not yet protected under CSPA until our PD becomes under FAD.
Questions - 1. Will he be CSPA protected if our PD becomes current in any of eb2 or eb3?
2. Considering that I have joined new employer on h1b recently and new employer has submitted 485J for ongoing AOS, will my son become eligible for CSPA even if our PD becomes current under EB2? OR do you recommend to file F1 for him? Is it allowed to file F1 while his AOS is in progress? Do we need to file his F1 before he turns 21 in Feb 2023 or we can file his F1 in Sept 2023(post his 21 age) considering he has EAD till Nov 2023.
3. He is looking forward to use his EAD (from eb3 AOS) for upcoming summer internship. If he uses his EAD now, can we still apply his F1 before he becomes 21? Will this impact if I try to transfer my underlying basis from eb3 to eb2?
4. If he travels and uses his AP to re-enter US, will he still be allowed to apply for F1 if required?
Please suggest. Thanks for all your help!
Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments, blog and community calls on immigration.com. Where transcribed from audio/video, a verbatim transcript is provided. Therefore, it may not conform to the written grammatical or syntactical form.
Potential CSPA
It is not possible for me to respond to such an intricate set of questions in this medium. Either speak with your own lawyers or set up a consultation with us. https://immigration.com/contact
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