College Going Children H4 EAD vs F1

[GCGCGCGC]

I am in the same boat, My Son is in college and on H4, He will turn 21 next year. He can't work and he can't do any internship jobs on H4. As I know there is no OPT for BS. Only STEM Masters will give OPT to work. So looking at options. He is preparing to apply for MS.

I am not aware of I-140 EAD, Please update once you hear from your Attorney.

Spec, Q and other guru's - Please share if you have any additional information I-140 EAD and H4 age out dependent options.

Thank you.

[GCGCGCGC]

Currently he is on H4, and is not allowed for OPT. For OPT, he need to switch on F1. Even, he can't work as volunteer for jobs, if other kids are getting paid for same work.
I am not sure aging out kids qualify for I-140 EAD. I will check with my attorney.

I am in the same boat, My Son is in college and on H4, He will turn 21 next year. He can't work and he can't do any internship jobs on H4. As I know there is no OPT for BS. Only STEM Masters will give OPT to work. So looking at options. He is preparing to apply for MS.

I am not aware of I-140 EAD, Please update once you hear from your Attorney.

Spec, Q and other guru's - Please share if you have any additional information I-140 EAD and H4 age out dependent options.

Thank you.

[gc_dedo]

I am in the same boat, My Son is in college and on H4, He will turn 21 next year. He can't work and he can't do any internship jobs on H4. As I know there is no OPT for BS. Only STEM Masters will give OPT to work. So looking at options. He is preparing to apply for MS.

I am not aware of I-140 EAD, Please update once you hear from your Attorney.

Spec, Q and other guru's - Please share if you have any additional information I-140 EAD and H4 age out dependent options.

Thank you.

Have you thought of sending him to Canada for study and pursue PR there? I know it's difficult choice, but our children don't have go through this crap. Of course, it depends on how far are you from getting GC. I have my daughter is in Junior year High School and I have been thinking about Canada option for her.

[GCGCGCGC]

Have you thought of sending him to Canada for study and pursue PR there? I know it's difficult choice, but our children don't have go through this crap. Of course, it depends on how far are you from getting GC. I have my daughter is in Junior year High School and I have been thinking about Canada option for her.

Thank you gc_dedo, My PD is 2011, Have to wait another decade to get GC so no hopes. Yes, we are also considering Canada option and in process of applying for Masters.

[srimurthy]

Thank you gc_dedo, My PD is 2011, Have to wait another decade to get GC so no hopes. Yes, we are also considering Canada option and in process of applying for Masters.

I guess we should send these scenarios to the senators, saying our dependents are going to Canada after finishing graduation here and staying in US for more than 15 years, because we don't want to break laws.

[gc_dedo]

Thank you gc_dedo, My PD is 2011, Have to wait another decade to get GC so no hopes. Yes, we are also considering Canada option and in process of applying for Masters.

My PD is also around same time. Good Luck and try to share with whatever you decide, if possible. It probably will help others.

[rabp77]

I am in the same boat, My Son is in college and on H4, He will turn 21 next year. He can't work and he can't do any internship jobs on H4. As I know there is no OPT for BS. Only STEM Masters will give OPT to work. So looking at options. He is preparing to apply for MS.

I am not aware of I-140 EAD, Please update once you hear from your Attorney.

Spec, Q and other guru's - Please share if you have any additional information I-140 EAD and H4 age out dependent options.

Thank you.

I think you should consider switching you son's status to F1. All F1 students are eligible for OPT. Its 1 year no matter what he studies. If he studies a STEM course, he is entitled to an additional 24 months extension (for a total of 3 years). Also F1 status will allow him to work on campus for 20 hours a week, and allow him to do internships (CPT) during the summer break etc. This may be an option for you to consider & evaluate. Long term changes/impacts to laws are unpredictable, but in the short run it could make things easier for him.

[GCGCGCGC]

I think you should consider switching you son's status to F1. All F1 students are eligible for OPT. Its 1 year no matter what he studies. If he studies a STEM course, he is entitled to an additional 24 months extension (for a total of 3 years). Also F1 status will allow him to work on campus for 20 hours a week, and allow him to do internships (CPT) during the summer break etc. This may be an option for you to consider & evaluate. Long term changes/impacts to laws are unpredictable, but in the short run it could make things easier for him.

Thank you rabp77, now my Son is doing BS if I switch his status to F1 he will get STEM OPT xtnsion for 24 months and no need to do MS?

[swordfish380]

Thank you rabp77, now my Son is doing BS if I switch his status to F1 he will get STEM OPT xtnsion for 24 months and no need to do MS?



With all do respect, can you start a new thread to discuss your situation.

This thread is for predicting the movement.

Thank you.

Admin: can you please move these posts to a new thread

[Emanisap]

EB3 PD 01/09/20214 ? Applied I485 in October 2020 based on the filing date chart.
Received EAD/AP combo card for all family

Questions are from my 19 years son?s point of view, who is studying in college. What are the pros and cons of using EAD/AP and applying for F1 while I485 is pending

Traveling to India and re-entered into the US on AP as Parolee.
Can we still maintain H1/H4 extensions/ status after coming back?
Then apply for F1 if needed? Does he need to go to India for stamping F1?
Applying F1 has any impact on the I-485 process in case if final action date becomes current?

[qesehmk]

EB3 PD 01/09/20214 ? Applied I485 in October 2020 based on the filing date chart.
Received EAD/AP combo card for all family

Questions are from my 19 years son?s point of view, who is studying in college. What are the pros and cons of using EAD/AP and applying for F1 while I485 is pending

Traveling to India and re-entered into the US on AP as Parolee.
Can we still maintain H1/H4 extensions/ status after coming back?
Then apply for F1 if needed? Does he need to go to India for stamping F1?
Applying F1 has any impact on the I-485 process in case if final action date becomes current?

IMHO F1 is unnecessary. He can attend university on H4 status and use EAD. The risk is his aging out within 2 years. He only needs F1 for that reason (but you decide if you need it now or next year). Using F1 will give him an additional EAD of about 3 years I believe (please check with others).

He can use current EAD with F1 too (before aging out). His status will be F1 / Adjustment pending. Always remember AOS pending is always dual status. It means it keeps your any other status you may have and you also get all benefits of AOS.

All the best.

[Chandragp]

@gc_dedo: what is the status of you GC? Do you to send your kid to Canada for study?
My daughter is junior this year and i?m thinking to send her outside for studies. Came to know in your post that you are planning the same. Any information that you already gather would be help. Please let me know if any.

Much appreciated

Chandra

[qesehmk]

I am in the same boat, My Son is in college and on H4, He will turn 21 next year. He can't work and he can't do any internship jobs on H4. As I know there is no OPT for BS. Only STEM Masters will give OPT to work. So looking at options. He is preparing to apply for MS.

I am not aware of I-140 EAD, Please update once you hear from your Attorney.

Spec, Q and other guru's - Please share if you have any additional information I-140 EAD and H4 age out dependent options.

Thank you.

May be I am missing something here. Why are you even thinking of canada (unless financially not vialble in US) ? I just read OPT requirements online and don't see anywhere it says only masters get OPT.

also all STEM students get additional 2 years. So your child can be on OPT for 3 full years after bachelors (assuming STEM undergrad) and then can move to H1 ... get married (perhaps another US citizen) ... i mean their path is not bad at all. What are you worried about?

[Chandragp]

May be I am missing something here. Why are you even thinking of canada (unless financially not vialble in US) ? I just read OPT requirements online and don't see anywhere it says only masters get OPT.

also all STEM students get additional 2 years. So your child can be on OPT for 3 full years after bachelors (assuming STEM undergrad) and then can move to H1 ... get married (perhaps another US citizen) ... i mean their path is not bad at all. What are you worried about?

Thank you for the reply ? qesehmk? - I really appreciate.
I?m worried to put my kid into this horrible H1B queue. Based on my experience its very stressful and not living life free and fullest. Long wait and constant worry, and have to live on a company?s support for a long. This may be only my experience, I may not have navigated through right path. That?s the reason I?m thinking of Canada so kid can be at least free from one thing?

Best..

[qesehmk]

Thank you for the reply ? qesehmk? - I really appreciate.
I?m worried to put my kid into this horrible H1B queue. Based on my experience its very stressful and not living life free and fullest. Long wait and constant worry, and have to live on a company?s support for a long. This may be only my experience, I may not have navigated through right path. That?s the reason I?m thinking of Canada so kid can be at least free from one thing?

Best..

If the kid has 3 years of total OPT - then gets an H1 then they are already about 30 by the time their first 6 years of H1 are up. There is very high chance they get married by then. Most ABCDs usually end up marrying non-desi girls/boys. So I honestly don't think their immigration journey is going to be anywhere near as miserable as their parents' has been.

And let's say it somehow is terrible - they can easily move to Canada later and even then you can sponsor them as married children under F category!

Just my 2 cents. All the best.

[Chandragp]

If the kid has 3 years of total OPT - then gets an H1 then they are already about 30 by the time their first 6 years of H1 are up. There is very high chance they get married by then. Most ABCDs usually end up marrying non-desi girls/boys. So I honestly don't think their immigration journey is going to be anywhere near as miserable as their parents' has been.

And let's say it somehow is terrible - they can easily move to Canada later and even then you can sponsor them as married children under F category!

Just my 2 cents. All the best.

Thank you ! I came across this while searching for information. May be helpful and interested can take part.
https://www.am22tech.com/h4-kids-age-out-lawsuit/