AJ2k Posted October 19, 2021 Report Share Posted October 19, 2021 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? Quote Link to comment
pontevecchio Posted October 20, 2021 Report Share Posted October 20, 2021 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. Quote Link to comment
newacct Posted October 20, 2021 Report Share Posted October 20, 2021 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)? Quote Link to comment
AJ2k Posted October 23, 2021 Author Report Share Posted October 23, 2021 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. Quote Link to comment
AJ2k Posted October 23, 2021 Author Report Share Posted October 23, 2021 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. Quote Link to comment
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.