If my 19 year old son is here on an H4 visa and is currently studying in college and my I-140 was approved 4 years ago under an EB2, what should I do so that he can continue his studies?

I think he will be aged out. Someone told me that he needed to convert the H4 to an F1. If so, when we should start processing? Is his H4 valid for another 18 months. My EB2 is under the India category.

Asked on July 17, 2015 under Immigration Law, Oregon

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

How long is it before your priority date becomes current?  If it is more than 2 years (after he turns 21) then he may be better off getting his F-1 status but there is no hurry to do that now since he is only 19.


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