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Age Out H4 and F1 Visa

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  • Age Out H4 and F1 Visa

    Hi,

    I have a unique situation. My daughter is currently in H4 visa and going to turn 21 in two months. But she has visa stamping (I94 and I797) until April 2019. can she stay in US ones she turns 21 since she has valid I94?

    Also, if she applies for change of status to F1 visa, will she be able to stay in US beyond her 21st birthday while her change of status to F1 is still in process?

    Thank you.

  • #2
    Originally posted by bmnoorulameen View Post
    Hi,

    I have a unique situation. My daughter is currently in H4 visa and going to turn 21 in two months. But she has visa stamping (I94 and I797) until April 2019. can she stay in US ones she turns 21 since she has valid I94?
    no

    Originally posted by bmnoorulameen View Post
    Also, if she applies for change of status to F1 visa, will she be able to stay in US beyond her 21st birthday while her change of status to F1 is still in process?
    If the Change of Status was filed before she turned 21, she can stay in the US while the Change of Status is pending.

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      Ones she files change of status from H4 to Student, can she join my line for EAD if my date becomes current before she turns 21?

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      • #4
        Originally posted by bmnoorulameen View Post
        Ones she files change of status from H4 to Student, can she join my line for EAD if my date becomes current before she turns 21?
        I'm not sure what you mean by "join your line for EAD".

        This is my personal opinion and is not to be construed as legal advice.

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