Change of status from F1 to H4 while 485 pending?

[sachin1977]

My wife came to US on H4 and then changed to F1. She completed her schooling and now on F1 - OPT, which is expiring on May 31st, 2008. We both got our EAD cards this month and 485 applications are pending now.

I understand that she will be legally in a valid status with her EAD and 485 application even beyond may 31st 08. But to be on the safer side is it advisable to apply for her change of status application from f1 to H4 now?

Will it cause any issues for the 485 application if we apply for a change of status?

Is there a chance for INS rejecting the H4 application for any reason?

Pls help.

 

[v_atray]

If she does not wish to work after May'08 she can switch to H4. If she changes to H4 and then uses her EAD, then she cannot use H4 visa to re-enter US (she will have to use AP).

As long as your priority date is not current, INS should have little reason to reject your wife's H4 petition. But if she plans to continue working using EAD, there is little benefit from changing from F1 to H4. Working using EAD and traveling using AP is eventually what she will have to do.