H4 beyond 21 years.

[Hanuman55]

Here is our situation:

I am on H1B nth year (n>6!!!) , I-140 is approved opted for CP and waiting due to retrogression - PD July 2003! My son is on H4 and turning 21 soon. He is included on the DS230 p1 we filed over a year ago. Is there any provision to continue him on H4 beyond his 21st birthday. When we last applied for extension of stay, USCIS has put his extension of stay expiry date as coinciding with my H1B expiry date and months after he turns 21!

Also, if we had not opted for the CP route and chosen the 485 AOS route, he would have continued here with AP & EAD and covered under CSPA. So, we are wondering whether there is any provision for his continuing on H4 beyond his 21st birthday. Though there are some guidelines on freezing the dates under CSPA, we have not come across any info which extends the same logic to our scenario.

Our attorney is advising us to go for F1 visa while the University says it conflicts with our intent to immigrate and may result in denial of F1 and thereby risking going immdly out of status.

Thanks in advance for any input from experienced members.

 

[great guru]

I have more practicl experience on this issue.I have done many successfully.

Your only choice is to go for F1 immediately.
But you may have to write a very detailed letter saying that age out affect his education etc, bla bla, his grades, financial statements-sponser letter.

You will definitely get COS from H4 to F1.

Your university statement is true if your son is coming to USA applying F1 through a consulate .

Here is our situation:

I am on H1B nth year (n>6!!!) , I-140 is approved opted for CP and waiting due to retrogression - PD July 2003! My son is on H4 and turning 21 soon. He is included on the DS230 p1 we filed over a year ago. Is there any provision to continue him on H4 beyond his 21st birthday. When we last applied for extension of stay, USCIS has put his extension of stay expiry date as coinciding with my H1B expiry date and months after he turns 21!

Also, if we had not opted for the CP route and chosen the 485 AOS route, he would have continued here with AP & EAD and covered under CSPA. So, we are wondering whether there is any provision for his continuing on H4 beyond his 21st birthday. Though there are some guidelines on freezing the dates under CSPA, we have not come across any info which extends the same logic to our scenario.

Our attorney is advising us to go for F1 visa while the University says it conflicts with our intent to immigrate and may result in denial of F1 and thereby risking going immdly out of status.

Thanks in advance for any input from experienced members.