a question: Does wife (dependend) need to change from F1 to H4 for i485?

U

ususaaa

Registered Users (C)
Hello,
  I have a question regarding my wife\'s i-484 cases status. She was originally in F1 (opt expired on June, 2002).
We filed i-485 on Oct, 2001 and she is dependent on my H-1.

  We both applied and got Ap, EAD (expired on mar, 2003).
  Her Visa/i-94 will be expired on June, 2002.

 My question is: Does she need to change status from F1 to H4 for the i-485 approval??

  Any input is really appreciated.

thanks so much,

ususaaa
 
Garlic69

After receiving AP/EAD, it is not required that you change your status to anything (like H4...why?) in order to get I-485 approval. After filing I-485 you are not statusless, you have a valid status called "adjustee".

What confuses you in this case ? Why is the situation described here is complex ? I think I get very good advice here, some of the contributors are quite knowledgable. Trust me here, never trust immigration lawyers, always get second openion.
 
No need to change

If you look at the INS website, adjusting the status from F1 to 1-485 is not prohibited. Like earlier said in this discussion, the moment you applied for 1-485, you and your wife\'s status becomes "being adjusted". She may not reenter US using F-1 because F1 carries with it an implied non-immigrant intent. You can also check this forum\'s FAQ.

http://www.immigration.com/faq/fvisa.html#81

I think your wife has to inform her school immediately of the process. When I enquired my school, they told me technically I am not a F1 and I am not a permanent resident either. Check with the school. At least before 9/11 the school did not mind this uncertainity.
 
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