Kids ageing out

[srimurthy]

With the dates not moving and most of the EB2 and EB3 people are now exceeding 10 years plus wait time and still have to file 485s. I guess we will have a lot of kids who came here when they were young and below 5 years and now getting ready for college. So starting this thread to discuss the College and work experience and other steps for them

[qesehmk]

With the dates not moving and most of the EB2 and EB3 people are now exceeding 10 years plus wait time and still have to file 485s. I guess we will have a lot of kids who came here when they were young and below 5 years and now getting ready for college. So starting this thread to discuss the College and work experience and other steps for them

How apt Sri.... mine is ready to go to college next year. My son so far has rejected every single suggestion I made. But honestly I have come to realize that he is better prepared to make decisions and so I am actually happy about the fact that he is in charge of his fate .

So far my #1 understanding is that colleges are looking for a certain type of fit as well as a reasonably multi faceted kid rather than just a kid with great SAT score.

[srimurthy]

How apt Sri.... mine is ready to go to college next year. My son so far has rejected every single suggestion I made. But honestly I have come to realize that he is better prepared to make decisions and so I am actually happy about the fact that he is in charge of his fate .

So far my #1 understanding is that colleges are looking for a certain type of fit as well as a reasonably multi faceted kid rather than just a kid with great SAT score.

Agree with you Q, kids are far more prepared to make decisions than we were. My elder one already has a destination but not sure of the path.
My concern is how do we get them work ex, when we can't file for 485s with dates backed out.
Also what are the cons if they are still on Dependent visas wile applying to colleges?

[qesehmk]

Agree with you Q, kids are far more prepared to make decisions than we were. My elder one already has a destination but not sure of the path.
My concern is how do we get them work ex, when we can't file for 485s with dates backed out.
Also what are the cons if they are still on Dependent visas wile applying to colleges?

So sorry to hear these questions. Since my son is citizen I haven't faced these issues directly. Perhaps other can shade light.

[GCGCGCGC]

Agree with you Q, kids are far more prepared to make decisions than we were. My elder one already has a destination but not sure of the path.
My concern is how do we get them work ex, when we can't file for 485s with dates backed out.
Also what are the cons if they are still on Dependent visas wile applying to colleges?

My Son is on H4 Dependent Visa and he is Junior doing BS.

-We was considered as International Student since he was on H4, Good thing is considered as In-State for Fee.
-H4 Dependent kids can't work and no internship so no professional work experience.
-If you change your children status to F1 from H4. F1 student's are eligible to do internship but F1 Visa holders needs to pay Out of State/International Fee no matter if you(parent) are resident of state or not.

Hope this helps.

[srimurthy]

My Son is on H4 Dependent Visa and he is Junior doing BS.

-We was considered as International Student since he was on H4, Good thing is considered as In-State for Fee.
-H4 Dependent kids can't work and no internship so no professional work experience.
-If you change your children status to F1 from H4. F1 student's are eligible to do internship but F1 Visa holders needs to pay Out of State/International Fee no matter if you(parent) are resident of state or not.

Hope this helps.

Very helpful. But is your son considered as In State because he went to a college in the state you are living?
I still have time, may have to explore the Canada option in a couple of years too.

I guess the EAD with I-140 bill or the S386 passing would help, especially with dates moving by a day or two every month in EB2 and EB3.

[monsieur]

Very helpful. But is your son considered as In State because he went to a college in the state you are living?

With F1 status, residency doesn't matter. Student has to pay Out of state fees.

With H4 status, residency option kicks in. In spouse case, folks use to join as H4 for their master and when they are ready to gradute they use to change to F1 so they are eligible for CPT/OPT. But with kids, I have no idea how things will play out.

Not a lawyer, i like to pretend one on Internet, so plz consult your law firm.

[qesehmk]

Very helpful. But is your son considered as In State because he went to a college in the state you are living?
I still have time, may have to explore the Canada option in a couple of years too.

I guess the EAD with I-140 bill or the S386 passing would help, especially with dates moving by a day or two every month in EB2 and EB3.

Usually at undergrad level the only way you get in-state is if you are actually in-state i.e. resident. And this applies to all 4 years of college. So your rate is determined right when you are admitted and does not change.

All you can do is pretty much:
A) Check if there is any in-state reciprocity between your state and other state
B) Apply for all kinds of aid and scholarships

So far I have understood that unless the school is really good and/or your son is receiving good merit aid, it makes less sense to send kids to out of state university.

[GCGCGCGC]

Very helpful. But is your son considered as In State because he went to a college in the state you are living?
I still have time, may have to explore the Canada option in a couple of years too.

I guess the EAD with I-140 bill or the S386 passing would help, especially with dates moving by a day or two every month in EB2 and EB3.

Yes, My Son is going to a college in same state where we are living.
Hopefully some miracle happens and new law permits them to stay in our GC queue and which allows them to work. My Son is ageing out this Year and planning to get him on F1 for his Masters.

Thanks

[srimurthy]

Yes, My Son is going to a college in same state where we are living.
Hopefully some miracle happens and new law permits them to stay in our GC queue and which allows them to work. My Son is ageing out this Year and planning to get him on F1 for his Masters.

Thanks

In discussions with friends, I came to know that the kids can't even apply to some colleges if they don't have a SSN. Is this true? and if Yes it is all the more important that the EAD with I-140 get passed or approved.

[qesehmk]

In discussions with friends, I came to know that the kids can't even apply to some colleges if they don't have a SSN. Is this true? and if Yes it is all the more important that the EAD with I-140 get passed or approved.

It is only required for financial aid. Schools are not required to ask SSN. There are millions of undocumented children. It would be a bad public policy if they can not enroll in schools. They will end up selling drugs on the street.

So I will be mighty surprised if a school REQUIRED an SSN. If one really exists then I will say skip it. Not worth your time.

[GCGCGCGC]

In discussions with friends, I came to know that the kids can't even apply to some colleges if they don't have a SSN. Is this true? and if Yes it is all the more important that the EAD with I-140 get passed or approved.

My Son doesn't have a SSN and it's not required to apply for colleges. As Q said it is only required for FAFSA (Federal Student Aid). H4 kids are not eligible for any kind of scholarships/grants and Financial aids.

[srimurthy]

My Son doesn't have a SSN and it's not required to apply for colleges. As Q said it is only required for FAFSA (Federal Student Aid). H4 kids are not eligible for any kind of scholarships/grants and Financial aids.

Thanks this helps. Does it mean they are not eligible for only FAFSA, but can try for any other scholarships?

[GCGCGCGC]

Thanks this helps. Does it mean they are not eligible for only FAFSA, but can try for any other scholarships?

Mostly not eligible for any scholarships. I am not sure if there are any exceptions.

[Immig7]

Hello Experts,

Need some help. My priority date is Jan 22nd 2014 in EB2 India. I wanted to see if you had any thoughts on what my next steps should be -
1. Downgrade to EB3 right away?
2. Wait for the Aug / Sep visa bulletin and then based on the movement of dates decide whether to downgrade or not?
3. Or wait until October. If EB3 FAD reach my date, then downgrade for EB3 and concurrently file I485, and then try for Premium processing - in case they approve

My son was born in India. So anything I can do to freeze his date via FAD being current will help him. Although my priority date is 2014, i have been here since 2007. It's been a long wait already. So i don't want to mess it up anymore. Please advice,
Thank you very much!

[Immig7]

Dear Experts,

Need help with my situation. My priority date is EB2 India - Jan 22nd 2014. What do you think I should do considering the situation right now -
1. Downgrade to EB
3 right away?
2. Wait for Aug / Sep bulletins and then if EB3 FAD reach my date, at that time, downgrade to EB3, concurrently file 485 and then try for premium processing ?
3. Wait until October bulletin to see if EB2 dates move to my date? Or if EB2 filling dates reach my date, then file 485 in EB2?

My son was born in India. So locking his age by hitting the FAD is important. I have been here since 2007, despite my priority date being 2014. So it's been a long wait already. Don't want to mess it up further. Please advice.

Thank You!

[Immig7]

Dear experts, my priority date is Jan 2014 EB2 India. Can you please advice on -
1. Should I downgrade to EB3 right away?
2. Wait for Aug/Sep visa bulletin and then downgrade?
3. My son was born in India. So getting the FAD is really important for me so that his age gets locked.

Thank you very much!

[Transformer]

Dear experts, my priority date is Jan 2014 EB2 India. Can you please advice on -
1. Should I downgrade to EB3 right away?
2. Wait for Aug/Sep visa bulletin and then downgrade?
3. My son was born in India. So getting the FAD is really important for me so that his age gets locked.

Thank you very much!

With your son in the line of fire, if your employer is willing then I would go ahead and apply 140 downgrade right now. But I am still wondering why you didn't do that last October? For sure your date is going to be current in EB3 FAD some time next year that will lock the kids age once 140 is approved. If you apply 140 now, you will be ahead in the game.

[sstest]

@Qsehmk @Transformer - Thank you very much for the response, and I agree about the vacation.

@transformer -
1. Back in October, our lawyers wanted to downgrade only if the priority date under EB3 is current for us. Else, they don't want to downgrade not knowing how things will turn up for Eb2.
2. Also, the company lawyer says that once they downgrade to EB3, we will not be able to go back to EB2 I140. I am not sure where they cancel the I140 or why they would do that, but apparently they say that once we start the downgrade Eb2 I140 will go away. I am double checking with them on why they have to do that.
3. Now, if i downgrade to Eb3 (w/o Eb2 active as per 2), and obviously the 140 approval won't come in for the next 8-9 months. In that case, will I not miss out on filing 485 as well if the Eb3 dates become current for me by then? Can I file a 485 with Eb3 I140 which has still not been approved? i thought they need an approved 140 to file 485 - with downgrade application?
4. I am just stuck with where Eb2 goes versus EB3 goes in October as nothing's clear as yet.

please let me know what you think. And thanks a bunch!

3.

The first preference should be to file an independent EB3 I-140 in premium, keeping EB-2 140 intact. My lawyers also made the same comment about not being able to go back. The technical reason could be that they file the downgrade as an amendment. In their opinion, the amendment was the correct way to downgrade. I could not convince them otherwise.

I know other friends and their companies have filed EB3 standalone I-140 and then sending interfiling letter. I am not sure if interfiling is an option with an amended I-140. Someone with relevant experience can comment. One more advantage of a fresh I-140 is you can wait for Oct and see the movement in Oct.

If they do not allow you to file one more I-140 then looking at your PD, probably best to get I-485 in EB3 and use AC21 benefits as needed. Two recommendations in case you take that route:

- Upgrade I-140 to premium soon after filing EB3 I-140 and repeat as much as needed.
- Don't forget to include medicals even if attorneys recommend against it

Gd luck with whatever choice you make!

[gsingh]

Welcome to the blog and sorry for the delay. I imagine most moderators might be on vacation or more than half have been greened this year so they may not be as much active.

Good luck with your journey. As per your question - a general advice to everybody - it is a good idea to use any category and at least file 485. If 2021 was any indication - I won't carry huge hopes that USCIS will utilize all visas in 2022 either. Second - if and when foreign consulates open - fully expect the dates to retrogress significantly.

How much can we expect the FAD to retrogress, if the USCIS continues to process at the current rate even through FY 2022.
PD - 04/2012 (EB3 ) filed I-485 on 10/30/2020. I-140 approved. Should I remain hopeful to get the GC in 2022?