superpotsky

Your priority date will never change. But your category can change because you are now over 21. If your category change your waiting will be longer.

My brother and sister was petitioned when they are 18 and 20 years old. My father who petitioned them was LPR back then and when he got his US citizenship, my borther and sister's category was automatically moved from F2B to F1. ... Recently my brother request an OPT-OUT letter to the US EMBASSY MANILA stating that he would want to retain his original F2B category because in the Philippines F2B is faster than F1. He was covered by CSPA Law and his request was approved.

Background: My mother who is a permanent resident filled for me when i was under the age of 21 (it was exactly two days before I turned 21). I know that was cutting it a little close but my mother's petition still got approved and my priority date was set before I turned 21, i.e. two days before I turned 21. I thought that the CSPA Law froze my priority date before I turned 21 which would make me fall under the F2A category. Well this is where the problem starts. I called the NVC center to ask them a questions and they told me that based on their calculation they moved me to the F3 category. They never mailed me anything saying that they had done that so all of this was based on one phone call with the NVC. I thought that only the U.S. Citizenship and Immigration Services (USCIS) had the right to change my priority date and/or my which category I fall under based on their current rules and guidelines. Shouldn't the CSPA Law protect me and have my priority date be frozen to when my mother filled her petition to me? I got the approved petition letter which has my priority date being the day the paper work was mailed, i.e. BEFORE I WAS 21. The person from the NVC to who I spoke to said that based on how they compute things they had moved me from the F2A category to the F3 category. My approved petition says that my priority date in on Dec. of 2010 and the person in the NVC said that visas became available on Dec. 2011 but due to how they calculate things I fell being over 21 thus they moved me to the F3 category. Shouldn't my priority date on my approved petition from the USCIS which is two before I turned 21 and the CSPA Law keep me on the F2A category? How can the NVC just change my priority date and/or my which category i fall under? Once again I found this out all based on a phone call; the NVC never mailed me anything saying that they had changed my category from F2A to F3. Thank you for any and all advice anyone can give me. PS I am currently already in the US with a student visa but i was already offered a job because I graduated already but my opt only has two more months so I will be heading back to school so I stay legal.

The answer above is correct.

My brother and my sister is also under F2B (philippines) and their priority date is January 24, 2002. We're hoping that their priority date will be current on May or June. Your priority date is August 2002 so your PD will be current this year or earlier next year.