Aging out college student in US H4 ending

My daughter is turning 21 years of age on Dec 31, 2022 and her Dependent H4 Visa status will be expiring on Dec 30, 2022. She is currently a full-time student in Texas, US. She needs to continue studies or at least be able to stay in US with us till studies can resume.

We have applied for Green Card I-485, and EAD I-765 and the fingerprints processing is complete on Jan 15, 2022. GC not received yet. Expecting to receive EAD soon.

Since her age is locked at 21 due to the pending I-485 application, is it mandatory to change to F1 or can we request USCIS to extend H4 beyond Dec 30, 2022?

If she receives EAD early, can she use only the GC pending status and the EAD to continue as a full time student?

If not can she continue to be a part time student using the EAD?

In the above option doesn’t work or if EAD is not received on time, she probably needs to apply for an F1 Visa as soon as she can.

We have requested the University to provide I-20 so that she can apply for the F1 visa/ H4-F1 COS.

While the F1 application is in process and If she applies for Fall 2022, can she continue to study as a full time student after December 2022 while she waits for the F1 to be approved? (i.e., assuming the F1 status is not approved by Dec 31, 2022).

Will her visa status still be considered as H4 while the H4-F1 is in process?

Can she continue to stay in the US while the F1 approval is awaited?

Will the receipt of the F1 application receipt notice nullify the H4 status or will the H4 be still valid till Dec 30, 2022?

Also, what are the options to request USCIS to expedite the I-765 processing in this case that We can do in parallel with the F1 COS?

She wont qualify for H4 extension beyond 21 years of age. However you dont need to change her status to F1 as she will be considered in ‘pending AOS’ status and can legally live and study in the US.


Pending AOS status should be okay to continue her studies. Talk to the college ISSS and bursars office and discuss.

I dont think change of status to F1 is needed. So all other questions are irrelevant.

Talk to an immigration lawyer if you want further clarification.