H4 dependent son applying for F1 - ageing out

Hi,

I am on H1B active visa and working for client X. My I-140 approved on 09-07-2016. And I have I-129 is valid from 08/19/2017 to 04/18/2020. Recently my elder unmarried son completed 18.9 yrs. And currently studying in community college.

I am planning to start his F1 in Nov-2019 and H4 extension in Feb-2020. Considering he will age out soon. My questions are

  1. Do I need to apply for H4 extension for my son when I am applying for H1B extension? as his F1 will be already in process.
  2. If my son’s F1 application get approved also H4 extension approved. What will be his visa status? F1 or H4?
  3. If my son’s F1 application get rejected and H4 get approved. What will be his visa status? is it H4?
  4. If my son’s F1 application get rejected also H4 get rejected. What will be his visa status?
  5. Is it possible get both visa get rejected?

Thanks,
Raj

Hi @yash4dotnet

You have to keep applying for H4 extention until the F1 is finally approved.

The final status will depend on which application gets approved last. Unfortunately, given the age out scenario, there are not many options available except to do what you have planned to do.

I don’t see any reason for H4 denial as long as you have a valid H1B.

F1 can be denied but chances are really low as he has the right age and right intent to study in US.

Do not worry. Everything will be fine and hope that green card country limit bill is passed soon and you get relief.