Child's eligibility to study & work once he turns 21.......

[RSKAP]

Hello..

I want to know that once I have my approved I-140 and till the time I get my Green card, my child turns 21, ( His age is 7 now)

1. Does his status changes to F-1 (student visa) once he gets into a university?

2. Post college studies is it mandatory to go on H1B? or can he be tagged back to me?

3. Would he be allowed to work with a work permit ( WITHOUT H1B)?

4. Would he still be eligible for Green Card with me?

Thanks!

[newacct]

1. Does his status changes to F-1 (student visa) once he gets into a university?

No.

To go into F-1 status, he would need to get an I-20 from the university, and then either 1) leave and get an F1 visa to re-enter, or 2) apply for Change of Status to F1 while in the US.

2. Post college studies is it mandatory to go on H1B? or can he be tagged back to me?

No, he can go on some other status if he wants. He can change back to the status dependent on your status if he's still unmarried and under 21.

3. Would he be allowed to work with a work permit ( WITHOUT H1B)?

I'm not really sure what this means. Obviously he needs some status that allows work in order to work.

4. Would he still be eligible for Green Card with me?

It depends on whether he aged out or not. Under CSPA, the amount of time the petition was pending (from filing of the petition until it is approved) is subtracted from the child's age when determining whether he's aged out or not.

[RSKAP]

Thanks for your reply.

I think I could not explain correctly.

1. what happens to his education once he turns 21 and I have not got my GC? can he continue as dependent or he needs to apply for F1?

2. By the time he completes his education and is already 21, can he work here in US? and can he still be dependent & get GC with me?

[newacct]

1. what happens to his education once he turns 21 and I have not got my GC? can he continue as dependent or he needs to apply for F1?

He cannot be on a dependent status after he turns 21. He will have to switch to F-1 status or some other status.

2. By the time he completes his education and is already 21, can he work here in US? and can he still be dependent & get GC with me?

He can work on OPT for 12 months after graduating if he is F-1 status. He can try to change to some other status, possibly with employer sponsorship. He can still immigrate as your derivative for some amount of time after turning 21, depending on how long exactly your petition is pending.