I would like to thank you for your very kind help and advice in advance.
I used to be a J1 and now a newly approved H1B. My kid, as a dependent, also filed for a change of status from J2 to H4. The decision for his application is still pending.
My questions are:
1. can he legally stay in the US?
2. He attend elementary school. Can he go to school as usual while his H4 application is pending?
Thank you again for your help!
Yes, he can continue to do that "as usual", given that already did in the not too recent past.
If my answer is the "BEST ANSWER" and/or "HELPFUL" please mark it accordingly. Fluent in 7 languages. Certified Specialist in U.S. Immigration & Nationality Law, The State Bar of California, Board Of Legal Specialization. 26 years of successful immigration law experience. The answer above is only general in nature and 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.
A kid with an application for change of status from J2 to H4 pending can legally stay in the us and attend elementary school as usual.
Is my answer "BEST ANSWER" and/or "HELPFUL"? If so, please acknowledge and mark it so. Mr. Smith has 25 years of successful U.S. immigration law experience with cases just like yours. Still, his response is general in nature, as all the facts are unknown to him, and cannot be construed as legal advice. Please retain immigration counsel to analyze your particular situation in order to receive specific advice. Specific answers requires knowledge of all the pertinent facts of your case. Any answers offered by Mr. Smith on Avvo are of a general nature only, and does not create an attorney-client relationship.
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