Hi Sir / Madam: I have H1B and my son has H4, we live in CA, now it's the second year for his college studying, but he will be 21 years old, is it necessary for him to change H4 to F1?
His H-4 ends on his 21st birthday. To continue studying in the US, he must file for a change of status to F-1 BEFORE his 21st birthday.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
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Yes, he must apply to change his status from H-4 to F-1 before his 21st birthday.
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Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
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(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.
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Yes, son's H-4 status expires on the expiration date shown on his I-94 card or USCIS I-797 Notice of Action., but to be safe he must file a change of status from H-4 to F-1 student, BEFORE his 21st birthday.
Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
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