H4 to F1 status change

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H4 to F1 status change

I am a H1-B VISA holder and I have I -140 approved. My wife and daughter are H-4
VISA holders, dependent on me. My daughter will be over 21 years old on January
2021. As per current trend, I will be able to submit I-485 after she turns 21
years.

As I understand, my daughter can not be dependent once she turns 21. She has to
change visa from H4 to F1 student visa before she turns 21 years old. My
question is – Does she have to file Form I-539 for changing status from H4 to F1
just before she turns 21 years old while studying in college of USA or before
entering into college ?

Asked on July 11, 2016 under Immigration Law, New Jersey

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If you are not able to file the I-485 prior to her turning 21 and you will know this within a few months of that, most likely, she will be able to apply for the F-1 by submitting the I-539 with the I-20 form from her college at that time.  As long as she applies for the change of status before she turns 21, she will be protected.  Keep in mind, however, that the change of status to F-1 is not a guarantee especially since she will be a child of a person in process for permanent resident and may be deemed to have immigrant intent which is not in keeping with the F-1 status.


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