H4 age out issue


trustman

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Posted

Hi,

 

Wanted to know if anyone faced this issue and what could be possible solutions.

 

Applied GC for family but child(age 19 as of 2015) will age out before I485 stage. I know that the time used for I140 can be subtracted from the age but that is very small (1year).

The visa wait time is huge, EB3 with priority date of 2011 !

 

Don't know why the law uses I140 processing time to subtract from age(child age out protection law)  instead of visa wait time which makes a huge difference !!

 

 

 

points to note :

  - I cannot apply in EB2

  - Child's college tution fees will double after changing from h4 to f1 status !

Only alternatives I can think of are

 - convert to F1 after age 21

 - apply for child's GC in F2B cateogry after I get GC !

 - child applies for own h1b/gc after graduation !

 

 

Any suggestions would be apppreciated

 

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