Age Out for H4 Canadian Dependents that has I485 applied

My daughter who is Canadian born is 19 years old and on H4 Visa attending College ( Didn’t apply F1 to save on tuition costs). My GC cutoff data is current but not the GC action date.

We just applied 485 for all of us.

  1. Since we applied 485 based on GC cutoff date, Is my daughter NOT considered as Age-out for green card.

OR

Even though I applied 485, does the GC action date has to be current before 21, so she is NOT considered as Age-out for green card.

  1. I am little confused between EAD and I-485 adjustment of status. Before we submitted 485, only my wife has H4 EAD. But after 485 processing, will my daughter also get EAD ? or Is 485 adjustment of status totally different than EAD

  2. In case, my daughter turns 21 before 485 adjustment of status approved, i am assuming it is ok to maintain legal status like F1 visa.

  3. Does anyone know if anyone in the similar situation paid in-state or out-of-state tuitions instead of international with proof of 485 adjustment of status application? Alternatively, I researched that only few universties offer in-state tuitions for Canadians. So just curious on the former.

  4. Lastly, since my daughter is a Canadian, I am hoping to apply for F1 visa just before she turns 21, probably few months before. Does anyone foresee any issues ? This is to pay in-state as long as possible.

The child age protection only kicks in if you filed i485 for your child using the Employment based ‘Final Action’ chart as per current rule as of today. It may change in future if USCIS changes its rule.

If the ‘Final Action’ chart gets current anytime in future before your daughter turns 21, you should be able to get the CSPA protection.

Thanks Anil for clarifying on the Age out.

Do you foresee any issue applying F1-visa if applied just 5 months before she turns 21 ?