Green Card Query : Family Based

[Anshdimp]

Hi
Requesting help/comments in this case.

Name : Anshdimp
Gender : Female (Unmarried)
Age : 26
Current Status : H1B

My dad's GC was filled in July 2003 and i140 papers were sent for processing in FEB 2007.
In the same month, my Dad put me on F1 visa as I was aging out on 18th Apr 2007.
After putting in my papers for F1 he got approval on his i130 (feb end) by that time I was on student Visa.

I am now on H1B and my Dad is expecting his GC soon.
Can he files for my GC as I am 26 and Unmarried (F2B Category) and retaining the priority date of 2003.

Please please help.

[mtouch]

Hi
Requesting help/comments in this case.

Name : Anshdimp
Gender : Female (Unmarried)
Age : 26
Current Status : H1B

My dad's GC was filled in July 2003 and i140 papers were sent for processing in FEB 2007.
In the same month, my Dad put me on F1 visa as I was aging out on 18th Apr 2007.
After putting in my papers for F1 he got approval on his i130 (feb end) by that time I was on student Visa.

I am now on H1B and my Dad is expecting his GC soon.
Can he files for my GC as I am 26 and Unmarried (F2B Category) and retaining the priority date of 2003.

Please please help.

When your father gets his GC he should immediately file a petition for you. This will be F2B with a PD on the date that USCIS receives the petition. You cannot carry over your student visa PD.

[Anshdimp]

Thank you so much for the response but i thought that a person in the f2b category retains his/hers sponsor's ( in this case my father's) priority date. Please let me know if this true.....

[mtouch]

When your father gets his GC he should immediately file a petition for you. This will be F2B with a PD on the date that USCIS receives the petition. You cannot carry over your student visa PD.

Who petitioned your father ? When was the petition approved ? What is your birthday ?

[Anshdimp]

Who petitioned your father ? When was the petition approved ? What is your birthday ?

His employer petitioned my father.
My date of birth : 18th Apr 1986

[mtouch]

His employer petitioned my father.
My date of birth : 18th Apr 1986

Your father's petition category is employment-based (EB) not family-based (FB). Therefore F2B doesn't even apply to you. If your CSPA age at the time he gets his GC is below 21 y.o. then you can avail of CSPA. However, based on your info your CSPA age is over 21. So you cannot avail of CSPA. As I said before your father should file a petition for you as soon as he gets his GC.