CSPA

Child Status Protection Act

Travel to the U.S on H-4 visa for a non-minor

2 years ago By Chief Editor

Question details

My H-1B Visa is valid till Sep 2023. My son who is currently in India had also stamped his H-4 visa. However, he is now over 21 years of age. Can he travel to US to visit us on the same visa or he has to apply for a B-2.

I do not see how an aged-out child can travel on a derivative visa.

FAQ Transcript

Note: Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

March 17, 2022, Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)

2 years ago By Chief Editor

Immigration.com

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FAQs: - From F-1 OPT directly applying for a green card - STEM OPT employment parameters, volunteering, part ownership, etc. - Can two employers file H-1B for the same employee using an existing I-140?

Relation between F-1 status and I-485 AOS (child covered under Child Status Protection Act (CSPA))

2 years ago By Chief Editor 2 comments

Question details

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?

FAQ Transcript

My recommendation would be to just use the green card EAD. You cannot do interfiling because then your son would lose his CSPA protection.

Note: Where transcribed from audio/video, this is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.

March 03, 2022 Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)

2 years ago By Chief Editor

Immigration.com

Community Conference Call

Nonimmigrant Visas

Green Card

Discussion Topics, Thursday, March 03, 2022:

FAQ: Abandonment; can I leave the USA while a change of status is pending?/Stamping requirements || Relation between F-1 status and I-485 AOS (child covered under Child Status Protection Act (CSPA)) || Relation between F-1 OPT and H-1B lottery change of status and changing employers || Is doing an unpaid U.S. externship/observership with F-2 visa unauthorized employment? || Can parents of U.S. citizens travel to the U.S. on an existing B-2 visa while their GC is pending?

Oct 14, 2021 Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)

3 years ago By Chief Editor

Immigration.com

Community Conference Calls

Nonimmigrant Visas

Green Card

Discussion Topics, Thursday, October 14, 2021:

FAQ: Reentering the U.S.A. on a Visitor’s/Tourist Visa Soon After Leaving || Can GC-EAD holder start business and what impact on the pending I-485? || FAQ: Can GC-EAD holders start a business and what impact on the pending I-485? || Is there a problem listing one location in a PERM application while living and working remotely in a different location? || EB-2/EB-3 Options in PERM Filing and EB-2 to EB-3 downgrade and upgrade

Sept 16, 2021 Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)

3 years ago By Chief Editor

Nonimmigrant Visas

Green Card

Discussion Topics, Thursday, Sept 16, 2021

FAQ: Consequences of extending parents’ B-1/B-2 (visitors/tourist) status more than once||Consequences of green card holders staying outside the USA for an extended time. Reentry permit protection ||Applied for EB-3 downgrade and change of employer after 180 days while I-140 is pending

EB-3 petition downgrade; CSPA protection for 21 year old son

3 years ago By Chief Editor

Question details

My son turns 21 years in August, and as per the August Visa Bulletin my EB3 Downgrade petition is current. Does this means my sons is covered under the CSPA and eligible for EAD renewals?

FAQ Transcript

There are two dates based upon which green card applications move one date is the date for filing and the other date is the final action dates. Your CSPA protection is covered by the final action dates; the visa bulletin dates when they become current. Dates for his final action dates must become current before he turns 21, if they slide back again, that's not a problem but for one time they must become current. More...

Aug 19, 2021 Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)

3 years ago By Chief Editor

Immigration.com

Community Conference Calls

Nonimmigrant Visas

Immigration Law

Forms

Green Card

FAQ: EB-3 petition downgrade; CSPA protection for 21 year old son I-485 Green Card final interview process/questions asked, etc. Retaining valid H-1B status while AOS is pending and when to file Supplement J

05 August 2021: Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)

3 years ago By Chief Editor

Immigration.com

Community Conference Call

Nonimmigrant Visas

Immigration Law

Green Card

Discussion Topics, Thursday, August 05, 2021:

FAQ: What Happens if H-1B Employer Revokes a Quota H-1B Before October 1? || Multiple Employers or Jobs on I-485 EAD|| How Long Can You Be Unemployed on AOS EAD/AP? || Taking a Long Break After Receiving Employment-Based Green Card || Downgrading EB2 to EB3 for Both Husband and Wife and CSPA or Derivative Beneficiary for Daughter.

24 June 2021: Free US Immigration Community Conference Call with Rajiv (Every Other Thursday)

3 years ago By Chief Editor

Nonimmigrant Visas

Green Card

Discussion Topics, Thursday, June 24, 2021:

FAQ: Consequences of B-1/B-2 Visa Extension applied and leaving the USA || Changing Multiple Jobs While AOS I-485 is Pending - Consequences || I-129 Nunc Pro Tunc Request

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