H4 to F1 for ageing out child after filing I485


AJ2k

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My daughter's I-485 is pending (EB3, PD: mid-2014). She has EAD/AP but will be ageing out in Feb'2022. 
What are the options? 
1) File H4 to F1 COS and wait Or 
2) travel out of the country (India?) for visa stamping? 

In case of F1 stamping rejection, can she travel back to the United States on EAD/AP and file H4 to F1 COS?

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On 10/20/2021 at 9:37 AM, pontevecchio said:

Is she not eligible for the CSPA?

I would file a COS here rather than chance it in India. Just my 2 cents. Run it by your lawyer.

She is not eligible for CSPA as my PD is not current. Also, my I-140 was approved within two weeks.

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On 10/20/2021 at 9:47 AM, newacct said:

What exactly do you mean by "will be aging out in Feb 2022"? Do you mean she will turn 21 (and thus lose H4 status) in Feb 2022? Or do you mean she will age out for the purposes of being a derivative beneficiary on your immigrant petition (according to the CSPA calculation)?

Yes, she will turn 21 in Feb 2022 and lose H4 status.

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