H-4 Aging out(turning 21)

O

OhCanada

Registered Users (C)
I am on a H1-B, have an approved 1-140, I have a PD Date of Aug 2008. My son is turning 21 in a couple of months. His H-4 is good until 2012. He is going to Univ here and living with us. Does he need to get a student visa to continue to be here legally, or is he alright since he was 19 when our 140 was approved ?

Thanks
 
Unfortunately since you have not and may not be able to file I-485 before your son turns 21, he is not protected by CSPA. I am assuming your PD will not be current anytime soon as you did not specify your EB category. That being the case he may have to change to student visa category. Also note that even though his H4 is valid until 2012, that H4 becomes invalid when he turns 21 and you may have to file for his change of status by then.

Note that I have made the above without adequate knowledge as to what EB category you belong and as to how long your I-140 was in process. Both or either of these facts may change the above submissions.
 
OhCanada,

How is his H4 valid until 2012 if he ages out this year? When we did our H1 and H4's back in 2007, my H1 was made valid until Sept 19 of this year, but may wife and sons' (two sons) H4's were only valid until the older one turns 21 in June this year. So I just recently had to do an I-539 for my wife and younger son to extend their stay until September to match mine.

Not sure how I am going to handle the older son - he does attend college here and will be transferring to a four year What are you going to do?

Are you EB-2 or 3?
 
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