What happens to his status after turning 21 if the green card process has not been finalized?

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What happens to his status after turning 21 if the green card process has not been finalized?

I hold a J1 visa and I have a 15 year old child with J2. If I change my status to
H1b how soon after that can I apply for green card? Also, how much longer after
applying for the green card can I apply for my minor child as my dependent? What
happens to his status after turning 21 if the green card process has not been
finalized? Can the process be expedited?
Thank you

Asked on June 24, 2016 under Immigration Law, South Carolina

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The process cannot be expedited but if you change to H-1B and start the green card process right away, provided you are not from India, Mexico, China or the PHilippines and it would be for a professional position (at least bachelor's degree), you should be fine prior to your son's turning 21.  As long as he is in the process, it will be fine.  How quickly you start the green card process really depends on how quickly your employer is willing to start it since it has to be generated by the employer.  If you have never had H-1B before, you would have to have the employer file for you next April for the following year's annual quota since the one for the next fiscal year has already been filled.


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