Can we request a change of status for my 18-year-old son from H-4 to F-1 so that he can attend university? Will we still be able to file an I-485 for him once my priority date becomes current?

Answer

The I-485 could still be filed in this situation, once the date became current. But, it is not clear why the F-1 is needed. H-4 dependents can attend school. In most situations, the only reason for a dependent child to move from H-4 to F-1 is if the student is applying for CPT or OPT, or if the student is turning 21. Until then, this change of status would typically not be necessary. (11.Apr.2016)

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