Regarding H4 visa and transfer of H4 to F1(student visa)

M

manian

New Member
Problem 1
I have a valid H1 visa,which expires September, 2002. My son is with me, with a valid H4 visa with the same expiration date. But, he is turning
21 as of May, 2002. Would he become OUT OF STATUS? Will this affect his Stauts?

Problem2
I was told Issuance of student visas are on HOLD. Will it help if I apply for a F1 for him? Is it easy to transfer from H4 to F1?

I don\'t want him to go out of status. If I apply for F1, and if it gets approved after May, 2002 (that is after he turns 21). will it create any problem?

Manian
 
Yes act immediately...

1. Dependents of H1 visa holders lose their H status because H4 is only for spouse and children under 21. Your son will be out of status after he turns 21

2. Apply for F1. F1 is not on hold (unless you are from one of those "terrorist designated " countries). Find the immigration counsellor of the school he is attending and get I20 and file for H4 to F1 status immediately.
 
your reply to the question posted by manian

h4 status having a valid stay period on the I-94 has validity till that date if the h1/h4 visa approval stamped on the passport and the I-94 stamped at the time of arrival is before the age of 21.

the age of 21 will come into force only on further extentions being requested for h4.

i had checked the websites and also the cfr + the counselor at a university and it is confirmed that there is no written document in this connection.

if you can quote the federal regulations in this regard or refer me to a website which provides me with this written information, it will be grately appreciated.

i am the brother of manian who had posted this inquiry before.

thanking you
 
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