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My daughter holding H4 visa expires 10-May-2018 and doing…

Hello, My daughter holding H4 visa...
Hello,
My daughter holding H4 visa expires 10-May-2018 and doing Junior year in Bachelor of Engineering program.
She is turning 21 yrs in April and her I-94 expires on 20-May-2018.
We already filed COS to F1 on 13-Oct-2017 and still waiting and may take up to another 5 months for results.Please advise the below plan works.
Get the I-20 for Fall semester from school.
Exit the US before 20-May-2018.
Get the F1 visa in Singapore Consulate (Home country) by mid-May.
Return to US by end May using Visa Waiver Program (VWP entry because she cannot enter US before 30days of program start)
Exit the country before VWP legal stay.
Re-entry US using F1 visa.Visa waiver Entry will affect F1 visa while reentry?
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Answered in 6 hours by:
3/24/2018
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,310
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
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Hello and welcome back. Please remember to use FOR GUILLERMO in the subject line and message box so that no one else grabs the question and I can become your personal immigration consultant.

That plan looks like it would work, but technically, her status on H-4 would expire once she turns 21 as she is no longer considered a "child" and thus no longer a derivative. So she may need to leave earlier because if she overstays even one day, she is not supposed to be eligible for an ESTA anymore.

Let me know if you need anything else, but please do not forget that positive rating. Thank you!

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Customer reply replied 3 months ago
Thanks for your reply.
Her current semester completing on 8th May.
As we filed H4 to F1 COS on 13-OCT-17 and her curent I-94 valid until 20-May-18. will can be cover the gap of April 5th to 15th May (planning to leave the country on 15th)?

As I said, her H-4 terminates as soon as she turns 21, no matter what her I-94 says. If she has a COS pending, that keeps her from falling out of status. So technically, she could leave the U.S. before her COS has been decided, but she may need to carry evidence with her as to when she left the U.S. and that the COS was pending when she left.

Let me know if you need anything else, but please do not forget that positive rating. Thank you!

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Customer reply replied 3 months ago
Ok. Surely, she will carry I-539 COS receipt. Just to want to confirm, while she returns on end May with F1 visa and ask for Visa waiver entry will cause any issues?

There is no way to be able to anticipate issues. You can only hope that there are no issued So that you understand, not even the U.S. Lawful Permanent Resident spouse of a U.S. Citizen has a guarantee to enter. So what you are proposing CAN work, but there is no guarantee of no issues. No guarantee of entry. Please do not forget the positive rating. Thank you.

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Customer reply replied 3 months ago
I got the below reply from the different attorney.First, US Customs may cancel the F visa if your daughter enters on the visa waiver.Next, your daughter is not entering to visit. She lives here and attends school. It is possible that US Customs could cancel the F visa and deny her entry for making a material misrepresentation by entering as a visitor when her true intent is to live and attend school here.That's what I got confused. Please help. Thank you.
I would agree EXCEPT that she does not have immigrant intent. So I disagree with that expert. As long as she can prove non-immigrant intent she should be able to get in. Please do not forget that positive rating. Thank you.
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,310
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
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Customer reply replied 3 months ago
Will my below Plan-B will reduce the risk?
Leave the country before I-94 expires on 20 May 2018.
•    Enter the country using Visa Waiver Program as she has Singapore PPT.
•    Leave the country before 90 days of VWP legal stay.
•    Get the new I-20 for Fall Semester 2018 before leaving on VWP stay.
•    Go to Singapore get the F1 visa stamping and re-enter US not before 30 days of program start date
Customer reply replied 3 months ago
After reaching 21 years is there any grace period, my daughter can remain? Is it 60 days?

Yes, that plan would reduce the risk, in my opinion. And no, there is no grace period after turning 21.

Thank you for the positive rating. If you would like to request me in the future for a different topic, please remember to put FOR GUILLERMO in the subject line and message box. Good luck to you!

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Customer reply replied 3 months ago
Thank you so much!

My pleasure.

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Customer reply replied 3 months ago
Sorry, forget to ask this question. I-94 comes with the petition expires 4-Apr-18. I-94 received from the port of entry expires 20-May-18 seems like we got 45 days grace period until 20-May-18 correct?

We seem to be going in circles. Did we forget that her say expires when she turns 21, no grace period?

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Customer reply replied 3 months ago
Sir,
Our final plan is taking Summer Semester starting on 4th June. So get I-20, exit the country on 12-May-18 and get F1 visa in Singapore and return by end May. Hopefully, I-539 filed cover the gap until 12-May-18. Kindly confirm this plan works. Thanks.

I can only confirm that the plan MIGHT work. There are no guarantees. Good luck.

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Customer reply replied 3 months ago
Ok. Thank you so much!

No problem.

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