Does H4-toF1 make sense?

[utopia76]

Hi there,
I am currently on H1. I have an approved i-140 and have already filed for my I-485.
My wife is on H4 and is currently not on my I-485 application as I was single when I filed my I-485. (I have filed for her AOS but I am told that it would not take effect until my priority date becomes current.)

Currently, my wife is pursuing full-time college on her H4.
I need some advice on whether to file for her F1 or not.
Following are the pros/cons that I am aware of:
Pros:
1.) F1 will let get her in good stead for getting an OPT after she graduates,
2.) F1 will also make her eligible to work on-campus while in college

Cons:
1.) I am told that chances are that her F1 may get declined on grounds that she is a likely applicant for PR

Now my queries are:
1.) In case her F1 gets declined, her H4 should still remain valid and that she would be able to re-enter the US. Correct?
(BTW...we would be applying for her F1 from India.)
2.) In case she gets her F1 and my priority date becomes current before her graduation (i.e. before July 2010), would it be a problem for her to then switch from F1 to my PR application?
3.) She has less than a year left to graduate. Would anyone know that this might cause an issue in my wife getting an OPT?.....(I am told that you need to be enrolled on F1 for at least one fully year, to be eligible for OPT.)

Thanks!

 

[ginnu]

Hi there,
I am currently on H1.
I have an approved i-140 and have already filed for my I-485.
My wife is on H4 and is currently not on my I-485 application as I was single when I filed my I-485. (I have filed for her AOS but I am told that it would not take effect until my priority date becomes current.)
-------------------------------- what do you mean by"I have filed for her AOS"??? if she filed her derivative I-485 then only she has AOS filed. If she has not filed her I-485 then she will be eligible to file her I-485 when your PD agaib becomes current.
Currently, my wife is pursuing full-time college on her H4.
I need some advice on whether to file for her F1 or not.
Following are the pros/cons that I am aware of:
Pros:
1.) F1 will let get her in good stead for getting an OPT after she graduates,
2.) F1 will also make her eligible to work on-campus while in college

Cons:
1.) I am told that chances are that her F1 may get declined on grounds that she is a likely applicant for PR

Now my queries are:
1.) In case her F1 gets declined, her H4 should still remain valid and that she would be able to re-enter the US. Correct?
----------------------- she can get H4 visa stamp and can enter on H4 if you are on valid H1 status.
(BTW...we would be applying for her F1 from India.)
2.) In case she gets her F1 and my priority date becomes current before her graduation (i.e. before July 2010), would it be a problem for her to then switch from F1 to my PR application?
------------------- I prefer her to be on H4 and you on H1 status till she file her I-485.3.)
She has less than a year left to graduate. Would anyone know that this might cause an issue in my wife getting an OPT?.....(I am told that you need to be enrolled on F1 for at least one fully year, to be eligible for OPT.)
------------------I dont post for OPT others will post.
Thanks!

---------------------

 

[simsd]

I don't know if she is in a state school or in a private one.

Keep in mind that if she switches to F-1 she loses her resident or in-state fees. I ave a similar problem coming up wit my son when he ages out at 21 in June if this year.

We will go from approx. $ 2,000 per semester to $ 6,000. Let her finish and don't worry about the OPT (again - assuming she is at a state school).

Can she get her own H1 after she graduates? This would seem more logical unless I am missing something here.

I guess part of the dilemma also revolves around teh issue of your priority date and being from India - we all know what a tough situation that is right now.