H4 to F1 While I-485 is processing

[mhalakatti]

I have a clarification regarding changing the status of my daughter's H4 status to F1 status.

 

1. I am on H1 Visa since the last 10+ years. My employer filed my GC processing case under EB2 category and my Priority Date is March 2011. In November 2020 my applications for I-485, I-131, I-765 have been received by USCIS as per receipt notification letters. In April 2021 my EAD Biometrics also done with USCIS. 

 

2. My daughter is on H4 visa as my dependant. She is going to turn to 21 year old on Feb 2022. Now her applications for I-485, I-131, I-765 have also been received by USCIS along with mine, as well she has done with her EAD Biometrics along with me. We all are waiting for EAD approval now.

 

3. My daughter is studying at a University, my clarification is that do I need to apply for her status change from H4 to F1 ? or NOT required as she will be covered by CSPA's Aging Out Act?

 

Once I get my EAD approved, I will have to wait for the FINAL DATE of ACTION to apply for GC.

 

I heard status approval from H4 to F1 takes 8-10 months also, so I am in dilemma whether to apply for F1 or not; as our ongoing EAD application processing also taking place. 

 

[shekar11#]

On 4/27/2021 at 1:16 PM, mhalakatti said:

I have a clarification regarding changing the status of my daughter's H4 status to F1 status.

 

1. I am on H1 Visa since the last 10+ years. My employer filed my GC processing case under EB2 category and my Priority Date is March 2011. In November 2020 my applications for I-485, I-131, I-765 have been received by USCIS as per receipt notification letters. In April 2021 my EAD Biometrics also done with USCIS. 

 

2. My daughter is on H4 visa as my dependant. She is going to turn to 21 year old on Feb 2022. Now her applications for I-485, I-131, I-765 have also been received by USCIS along with mine, as well she has done with her EAD Biometrics along with me. We all are waiting for EAD approval now.

 

3. My daughter is studying at a University, my clarification is that do I need to apply for her status change from H4 to F1 ? or NOT required as she will be covered by CSPA's Aging Out Act?

 

Once I get my EAD approved, I will have to wait for the FINAL DATE of ACTION to apply for GC.

 

I heard status approval from H4 to F1 takes 8-10 months also, so I am in dilemma whether to apply for F1 or not; as our ongoing EAD application processing also taking place. 

 

3. It is not needed to apply change of status as her I-485 is pending. Check with your attorney once for 100% clarification.