H4 to F1 While I-485 is processing

USA H4
#1

I have a clarification now regarding changing the status of my daughter’s H4 status to F1 status.

  1. My employer has filed my GC processing case under EB2 category and my Priority Date is March 2011. In November 2020 my applications for I-485, I-131, I-765 have been received by USCIS as per receipt notification letters. In April 2021 my EAD Biometrics also done with USCIS.

  2. My daughter is on H4 visa as my dependant. She is going to turn to 21 year old in Feb 2022. Now her applications for I-485, I-131, I-765 have also been received by USCIS along with mine, as well she has done with her EAD Biometrics along with me. We all are waiting for EAD approval now.

  3. My daughter is studying in university now, my clarification is that do I need to apply for her status change from H4 to F1 ? or is it NOT required as she will be covered by CSPA’s Aging Out Act?

  4. Once EAD (I-485) gets approved still I need to wait for FINAL DATE OF ACTION to apply for final GC

I heard status approval from H4 to F1 takes 8-10 months also, so I am in dilemma whether to apply for F1 or not; as our ongoing EAD application processing also taking place.

#2

I485 EAD and F1 applications can run in parallel just like i485 and H4.

If you want, you can apply F1.

The CSPA may not be available unless your date was current in Final action chart.