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My priority date os 12/23/2014. My i140 approved date is…

Hi My priority date os...
Hi My priority date os 12/23/2014. My i140 approved date is 2/20/2016(eb3). My son was born on 10/30/2005. he will age our in oct 30 2026. He has only 8 years and 8 months before he ages out. with the current speed of eb3 or eb2 processing will he age out by then?(eb2 : 12/22/2008, eb3, 02/01/2008 current processing dates). and say I start eb2 application porting my priortiy date, how many more years will be added to my sons age
say from 12/23/2014(priority date) till 2/10/2016 1 year 2 months added to my son ages of 8 years and 8 months pending , per rule of i140 pending with USCIS. say for g, i started another application and my another i140 in eb2 got approved today, will the number of years 03/27/2018 - 12/24/2014 added to my sons age( like more than 3 years). can you please advise
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Answered in 5 minutes by:
3/27/2018
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,810
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
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Hello! My name is***** and I am a licensed attorney with more than 15 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help. Also, please do NOT click on the Opt Out button because if you do, it would prevent me from communicating with you and then it could take a long time before another expert responds to you.

Please give me a few minutes to review your question and I will be right with you with an answer. Sorry for any delay. I may have to do some research and at the same time I read and type fast, but not that fast! Thank you for your patience.

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Customer reply replied 4 months ago
Thank you

Sorry for the delay. I just ask that if the news is not good that you not shoot the messenger. Shooting the messenger is either leaving a negative rating (usually reserved for rude or unprofessional experts) or not leaving a positive rating at all.

Did the calculation include the 1 year, 1 month and 27 or 28 days that USCIS took to approve the I-140 that can be added to his age of 21? Meaning did you take into consideration that he is protected until age 22, 1 month and 27 or 28 days old?

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Customer reply replied 4 months ago
now he is protected till age 22, 1 month and 27 days. Right now the GC processing is very late. I am planning to port my eb3 to eb2. Just wondering if I do so how many years will be added to my sons age provided i retain my priority date

It's not that time will be added to his age, it is that a visa will become available to you earlier, hopefully and if it is earlier, that means he will be younger. Unfortunately, it looks like you might even lose some time. Take a look:

https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2018/visa-bulletin-for-april-2018.html

The next visa bulletin shows that the dates for EB-2 is in December 2008 while for EB-3 is it earlier at February 2008. Why did that happen? Because many of your countrymen decided to do the same thing and get into EB-2 for the better dates and they have ended up oversubscribing that category as well. I am truly sorry. I wish I had better news for you. Unfortunately, there isn't anything you can do unless you can get into EB-1. Please remember not to get mad at me or blame the messenger. I did not write the unfair laws, I am just the messenger. I truly wish I had better news for you.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, you may have to scroll up to the top of the page or click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,810
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
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Thank you for the positive rating. If you would like to request me in the future for a different topic, please remember to put FOR GUILLERMO in the subject line and message box. Good luck to you!

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Customer reply replied 4 months ago
Sure thank you

My pleasure.

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