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H4 to F1

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  • H4 to F1

    I am on H1 till 10/12/09 and my family on H4.
    My son becomes 21 years on 09/17/08 and his H4 expires on 09/16/08. My questions are:
    1. Should I file H4 extension for my son even if he turns 21 years and will it be approved.
    2.He is also a student while on H4 visa. Should I file F1 student visa to keep him legal after 09/16/08 and will it be approved. He will get I20 in 2 weeks for Spring Semester and is it possible that he gets F1 approved starting from 09/17/08 while I20 is for spring 09.
    3. Any other suggestions to keep him legal after H4 expires.
    Thank You.

  • #2
    1. No. That is the max limit.
    2. He should change to F1 status before the H4 expiration and that would be by Fall semester.
    3. He cannot be legal without a pending I485 or his own immigration status past 21.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.


    • #3