看了很多資料還是有些模糊. 我的情況: 有EB2 (PD 2012.1). 去年4月又file了I-140 EB3 (已批)和I-485, 當時孩子不到20. 今年5月又relink回EB2, 無奈運氣不佳, 至今不綠, 估計又要錯過這一撥了. 請教老師 (1)我孩子在什麽情況下會age out。
-Because your both EB3 and EB2 I-140 have been approved and your child file I-485 before he turns 221, he will have no age-out problem unless your I-485 is denied and it results in his I-485 denial. So, just keep your job, then everything will Ok.
(2)在等下一撥的期間,他應該用什麽身份? 目前是H4 based on我的H1b, 上次在海關給他辦H4時,移民官給他簽的H4有效期到2017年(和我的H1b一樣), 這是不是個錯誤?
-It does not matter, and his H-4 status will be automatically terminated on his 21th birthdate even if the H-4 I-94 does not expire yet. After he turns 21, he has no status, but is on Adjustment of Status (AOS) which means the period of transition from non-immigrant to immigrant. He can legally stay in US for his study during AOS. So, nothing is worried about.
因為他屆時已超過21周歲了. 我們都有EAD和AP, 但從未用過 非常感謝
-Because your both EB3 and EB2 I-140 have been approved and your child file I-485 before he turns 221, he will have no age-out problem unless your I-485 is denied and it results in his I-485 denial. So, just keep your job, then everything will Ok.
(2)在等下一撥的期間,他應該用什麽身份? 目前是H4 based on我的H1b, 上次在海關給他辦H4時,移民官給他簽的H4有效期到2017年(和我的H1b一樣), 這是不是個錯誤?
-It does not matter, and his H-4 status will be automatically terminated on his 21th birthdate even if the H-4 I-94 does not expire yet. After he turns 21, he has no status, but is on Adjustment of Status (AOS) which means the period of transition from non-immigrant to immigrant. He can legally stay in US for his study during AOS. So, nothing is worried about.
因為他屆時已超過21周歲了. 我們都有EAD和AP, 但從未用過 非常感謝
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