AP filing

wheatyboy

New Member
Hi,
My labor processing is almost done. I'm hoping to file for 140/485/AP in the next couple of months. (assuming labor gets done by that time). I'm on a H1-B 7th year extension.

My wife is a Swedish citizen on a student F-1 multiple entry visa.

She plans to go home for the summer. July through Sep '04. My question is, can I apply and include her for change of status and AP while she is out of the country? Can she return back to the US for the Fall quarter without a problem if we file for change of status?

Or do we have to wait till she comes back from her visit.

TIA
~wheat
 
I am not expert on F1
If she files Change of status and goes out of US then Change of status gets abounded. If she files Extension of status it is not abandoned
If you file your I-484 then you can also file her I-148 and AP and she should go out of US when she gets AP approved IN hand IN US before she goes out of US.

I am not expert with F1 and may be wrong, follow the advice of your lawyer or others may guide you.
 
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