Immigration Issues/H4 turning 21

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Question
My Husband is on an H1B. My son like me and my daughter are on H4's. We have lived in the USA for 10 years now. Am still waiting for our Green Card! My son is a full time student. When he turns 21 in November does he have to apply for an F1 student visa or can he continue to study on an H4?

Answer
Hi,

Your son will automatically lose H4 status when he turns 21 years of age. Thus, he should change to another nonimmigrant visa category prior to reaching 21 years of age if he wants to continue to remain legally in the U.S. Since he is a student, F1 student visa category is appropriate. He should seek the international student officer (also known as the DSO) at his university in order to be issued "Form I-20" and for the university to support him for changing to F1 student visa status.

Regards,
Ajay K. Arora, Esq.
www.H1B1.com

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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