Can we apply F1 for a 12 year old?

[503007747]

My 6 year H1-b tenure is expiring on 08/08/2009. My GC labor filed in 01/21/2009 is yet to be approved.

I spoke to an attorney to see if it is wise to apply for a change of status. She adviced not to since it will be rejected. Also I learnt that if you change your status, there will be repercussions in the future.

With less than 20 days, Am trying to see if I can apply an F1 for my son who is going to 7th grade this september. Would like my son to continue his studies here. I read somewhere that you can apply an F1 for a student if he is in a high school.

Q1. Is it possible to apply an F1 for a 7th grader?

Q2. Am assuming here that if a high school has say 7th thru 12 grades example Whitney High, Cerritos, and if the student is in 7th grade like my son, he is still considered an high school kid right?

Q3. If we could apply an F1 for my son, can I stay with him on F2?

Any help is appreciated

Thanks

[dealsnet]

Why you think about F1 for your son ?
You can extend your H1 visa, if your labor is filed over 1 year or it is approved before the expiry date. You can get extension, if you went to home country for a vacation and can use those days (unused days 6x365). Then your son will be on H4.
What about your wife?
You can't be a dependant of your son. Even if your son got F1, you cannot get F2.
His wife will get it, after he is married !!!!!!!!!!!!!
You can change to F1 and your dependants will get F2 visa.
Another option is go back home country and come after 1 year, to reset the H1B clock, and get 6 more years.

Originally Posted by 503007747

My 6 year H1-b tenure is expiring on 08/08/2009. My GC labor filed in 01/21/2009 is yet to be approved.

I spoke to an attorney to see if it is wise to apply for a change of status. She adviced not to since it will be rejected. Also I learnt that if you change your status, there will be repercussions in the future.

With less than 20 days, Am trying to see if I can apply an F1 for my son who is going to 7th grade this september. Would like my son to continue his studies here. I read somewhere that you can apply an F1 for a student if he is in a high school.

Q1. Is it possible to apply an F1 for a 7th grader?

Q2. Am assuming here that if a high school has say 7th thru 12 grades example Whitney High, Cerritos, and if the student is in 7th grade like my son, he is still considered an high school kid right?

Q3. If we could apply an F1 for my son, can I stay with him on F2?

Any help is appreciated

Thanks