H4 to F1 Change of status

H4 to F1 Cos
My daughter is on H4. Started her college to study last year Jan 2023.
She will age out of her H4 in June 2024 by turning 21 years. Her I-94 and H4 visa dates still valid… but she will ‘aged out’.
We applied for COS to F1 classification to begin in June 2024, with a letter clearly stating her aging out but the petition was approved with a starting date of August 12 2024 which is the start date mentioned in her I-20

Emailed USCIS to request to change the starting approval date for F-1 status in accordance with the USCIS Policy Manual, and so that she may avoid an “age out” gap in her status. No reply yet. Has been more than a month.

The USCIS Policy Manual states that “Officers grant the [change of status] COS with an effective date of the applicant’s F-1 status as the day of final adjudication [approval], regardless of whether it falls within 30 days of the academic program start date.” USCIS Policy Manual Part F, Ch. 8, A2 (emphasis added).

What would be her status from June to August as she ages out. Can she stay in US till her F1 start date after she ages out.

I am not sure if USCIS will make a big issue out of this one month gap or not in future.

Legally, she should not stay in the US.

I suggest that you talk to an attorney to get a plan in place.

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