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unmesh

Kid's EAD continuation after 21 yrs

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Hello sir,

I applied for my GC-I485 in Oct/20 with my wife and daughter. My daughter was 19 yrs 9 month. With my priority date getting current I recently got our EAD approved but nothing for GC. 

If there is a delay in processing our GC or date retrogress and my daughter turns 21 in next February/21:

1) Is she require to change her status from H4 to F1

2) Can she continue on her EAD till the date becomes current again

thanks

Unmesh

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She is not required to change her status. At 21 she will lose H4 status, but losing status while her I-485 is pending does not affect her I-485. She can still remain in the US for as long as her I-485 is pending, regardless of whether she has status or not. Maintaining status might be a good idea if you are worried that the I-485 will be denied.

She will not age out for immigration purposes at exactly 21. You have to do the CSPA calculation to determine when exactly she ages out.

Her I-485 will only be denied if it is determined that she has aged out according to the CSPA calculation. Until then, her I-485 will remain pending. As long as her I-485 remains pending, she can use her pending-I-485-based EAD.

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