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I am about to enter the USA on an H1B visa with spouse and dependents on contingent H4. That is fine for younger children, but oldest son will age out @ 21 years soon after arriving. Might seem logical for him to enter on F1 instead of H4, but he can't because we are simultaneously applying for EB2(NIW) green card. Since F1 is not dual intent and naming on immigration petition is clear intent to remain, F1 will not be granted. So what happens if green card has not been approved when H4 age out is reached? Must he leave the country? Or might he abandon his intent of remaining permanently on the family green card and apply for Change of Status to F1 before his 21st birthday? Are aged out H4 visa holders allowed to stay in the USA during Change of Status determination?
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