H4 to F1 (Student)

[deprosun]

Hi,

My dad's company flew my family in United Stated in 2007. He is on H1 visa and i'm on H4. I was 16 when my dad's company filed for the green card process for all of us but my brother because he was over 21(and came in with a F1 status). And now, only the I-485 is yet to be filed; everything else has been done (labor and I-140, I-797). Now this year, I'm turning 21 in December. So my questions are:

Since I'm turning 21 this year, will I be able to hold this status as i have already applied for a green card when I was 16? If not, will/should it effect in my green card process ?
(will they say, we wont be filing you I-485 since now you are on F1 status ?)

P.S: My brother was over 21 when he came in. And he was not eligible to have his green card filed along with my family.

Thanks & Regards

[raysaikat]

AFAIR, you need to be under 21 and unmarried at the time you submit your i485 petition to be able claim a derivative applicant.

[deprosun]

I was under 21 when everything was sent out for the process. Only the last stage is yet to be filed which is priority date driven.

[lostcause2007]

As far as i Know I485 is the actual adjustment of status to permanent residence. This 3rd stage is where dependents/family members are added to the application to become a green card holder. The 1st and 2nd stages (which you refer to as the process) are specific to the primary applicant andthe family members do not figure in it.
I think the I485 has to be filed for you as a dependent before you turn 21 (please verify age..I am not sure about the age requiremenets).
As always, best to confirm with your attorney

Originally Posted by deprosun

Hi,

My dad's company flew my family in United Stated in 2007. He is on H1 visa and i'm on H4. I was 16 when my dad's company filed for the green card process for all of us but my brother because he was over 21(and came in with a F1 status). And now, only the I-485 is yet to be filed; everything else has been done (labor and I-140, I-797). Now this year, I'm turning 21 in December. So my questions are:

Since I'm turning 21 this year, will I be able to hold this status as i have already applied for a green card when I was 16? If not, will/should it effect in my green card process ?
(will they say, we wont be filing you I-485 since now you are on F1 status ?)

P.S: My brother was over 21 when he came in. And he was not eligible to have his green card filed along with my family.

Thanks & Regards

[raysaikat]

Originally Posted by deprosun

I was under 21 when everything was sent out for the process. Only the last stage is yet to be filed which is priority date driven.

It does not matter when labor or I-140 of your parent was filed.

See Child Status Protection Act.
USCIS - Child Status Protection Act

Here is the basic idea. Suppose

x = Your age on the day your priority date becomes current
y = Time I-140 was pending (i.e., date when I-140 was approved minus the date I-140 was filed).

You can file I-485 if (x-y) < 21 years (and you are unmarried).

See this for examples:
Z&A - U.S. Immigration & Counseling Home