Applying F1 while I-485 is pending

[mohvai2]

Hi,
Need clarification on what approach should I take for my Son 17 yrs old currently on H4 -
 Should I file I-485 for my son along with me at this time? If yes, will there be any issue for getting F1 for him down the line in 2-3 years while his I-485 is still pending ?

[JoeF]

With a pending I-485 he is legal and doesn't need an F1. With an EAD he can work. And he would qualify for in-state tuition at universities in the state where your family lives. Of course, once an I-485 is filed he would not be able to get an F1, because an F1 doesn't allow immigration intent.

If he stays on H4 and later changes to F1 he will have to pay out-of-state tuition.