H-4 Visa expiration date is after 21st birthday?

Question

I am currently an H-4 visa holder. I am 20 years old, and decided to start a student visa application so that by the time I turn 21, I would be an student visa holder. Just recently, I realized that my H-4 visa stated I could stay until AFTER my 21st birthday. The date on my H-4 visa is the same date stated on my father's visa as his day to leave. My I-94 also has the same date.

According to this, am I still legal after my 21st birthday? I'm slightly confused, so any help would be greatly appreciated!

Answer 1

Clearly, your I-94 has an incorrect expiration date. Someone made a mistake on your I-94. You are not entitled to a benefit caused by an error to which you would not be entitled by law. You cannot be enriched by an error.

So, in that you will be 21 soon, you will no longer be considered a "child." As you legally will not be a child, you will not qualify for the status of "child of an H-1B" once you turn 21. Therefore, you won't be "legally" an H-4 on your 21st birthday.

Your best bet would be to continue with your plan to change from H-4 to F-1 forthwith. Once you are 21, you will no longer be able to say that you are maintaining status.