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Retrogression, priority dates and Visa bulletins Issues surrounding the retrogression of the priority dates for the various employment based categories

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  #1  
Old 12-14-2009, 08:48 PM
flowerpower flowerpower is offline
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Default Unsure if I have aged out, but 485 pending

My father filed for an EB-3 and was given a priority date of July 2003. We filed for the I-485 and I-140 concurrently, but our I-485 was approved before the I-140. So our I-485 was approved in July 3, 2007, but our I-140 was not approved until August 25, 2007. I am currently working on an EAD and my status is I-485 pending.

In 2007, I was still 19 at the time of approval. My understanding is that under the CSPA, I am protected even though I am now 22 years and 2 months because I was under 21 at the time of approval. The reason why we are not sure if my age is 'locked' is because my mother talked to a lawyer who said that the only way for my age to be locked is if the I-140 was approved BEFORE the I-485. However, my company's lawyer said that the I-140 approval date is only necessary for calculating my age if I was close to age 21 at the time of approval, and in my case, my age is definitely locked in.

I'd appreciate it if someone can weigh in on this; I have done alot of research but am having a hard time finding any information regarding the approval dates issue. Thank you!
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  #2  
Old 12-15-2009, 11:58 AM
Rajeev Rajeev is offline
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Priority Date
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Apr-06
Category
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EB3
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India
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I-485
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06/30/2007
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Default Age is locked as sson as you apply for I-485

My understanding is that your age is locked as soon as you apply for I-485 and is not dependent on any approvals.

BTW: If your I485 is approved, why didn't you have your GC?
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