Son on H4 visa aged 22.Does EAD rule apply?

[sathvik27]

Hello all,I am in a difficult situation and dont know what to do about it.I am a teacher on H1B visa and my son is a student studying on H4 visa. His education has had lots of breaks and stops due to our financial instability,health issues and debts so he is still doing his BS degree.He cannot go to F1 visa right now because he needs a certain GPA which he doesnt have. He is 22 years old and will turn 23 next january. His H4 visa is valid till august 2016. My question is does the H4 EAD rule apply to him? We already cleared the I-140 stage.

Thanks.

[rahul412]

H4 EAD is only for spouse, not for all dependents.

[jairichi]

EAD is only for spouses.

[JoeF]

Usually, a child would age-out at 21, and the H4 would be invalid at that time. There is the CSPA (Child Status Protection Act) which may or may not apply in your child's case. You need to check on that to make sure your child is not illegal.

And as was already mentioned, the H4-EAD is for spouses on H4 only.

[sathvik27]

@JoeF thans for the response.

OK,I just researched the CSPA. Looks like my son might be eligible in this rule. We applied i-140 in 2010 when he was 17 years old and got the approval for I-140 in 2011. our priority date is in 2010 and we are still waiting for it to go current to apply for I-485 under EB3. So do you think he is eligible under this rule?