年齡應該不是問題因為Age on date visa becomes available可以理解是2007年的年齡。
-It is not clear whether it is true for your comment yet based on the following from http://www.ilw.com/articles/2005,1117-murthy.shtm: .
Priority Date Current - Then Retrogresses
While the example above presents a straightforward answer to whether or not a child can benefit from the CSPA, a more troubling situation may occur if the parent had a labor certification approved at a time when the priority dates were current and then the dates retrogressed. The manner in which the days would be counted is unclear, and there are a number of possible scenarios.
If the parent filed the I-140 and I-485 concurrently when the priority dates were current, and, thereafter, cutoff dates / unavailability occurred, it is not entirely clear that the calculation of whether the child has sought to acquire status is counted from the time the priority date becomes current again. That is, it is not clear whether the one year is calculated from the date the labor certification was approved and the person was initially eligible to file the I-140 petition and I-485 application concurrently. Alternatively, the one year may begin at the time the labor certification was approved and the I-485 could be concurrently filed with the I-140 petition, but then stops when the numbers retrogress and resumes when the priority date becomes current again. It is also not clear if the calculation of when the priority dates become current is measured from the first point when the I-140 and I-485 could be filed or from the point when the I-140 is approved. The USCIS and the U.S. Department of State (DOS) will need to provide further guidance on this issue. We at The Law Office of Sheela Murthy hope that they will construe this matter liberally, in order to safeguard family unity and the underlying purpose in the enactment of the CSPA.
-It is not clear whether it is true for your comment yet based on the following from http://www.ilw.com/articles/2005,1117-murthy.shtm: .
Priority Date Current - Then Retrogresses
While the example above presents a straightforward answer to whether or not a child can benefit from the CSPA, a more troubling situation may occur if the parent had a labor certification approved at a time when the priority dates were current and then the dates retrogressed. The manner in which the days would be counted is unclear, and there are a number of possible scenarios.
If the parent filed the I-140 and I-485 concurrently when the priority dates were current, and, thereafter, cutoff dates / unavailability occurred, it is not entirely clear that the calculation of whether the child has sought to acquire status is counted from the time the priority date becomes current again. That is, it is not clear whether the one year is calculated from the date the labor certification was approved and the person was initially eligible to file the I-140 petition and I-485 application concurrently. Alternatively, the one year may begin at the time the labor certification was approved and the I-485 could be concurrently filed with the I-140 petition, but then stops when the numbers retrogress and resumes when the priority date becomes current again. It is also not clear if the calculation of when the priority dates become current is measured from the first point when the I-140 and I-485 could be filed or from the point when the I-140 is approved. The USCIS and the U.S. Department of State (DOS) will need to provide further guidance on this issue. We at The Law Office of Sheela Murthy hope that they will construe this matter liberally, in order to safeguard family unity and the underlying purpose in the enactment of the CSPA.
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