F-1 and 485

[dinks2006]

My wife is on H-1 and her PD date is going to be current in April (this is for EB2). She didn't file for 485 yet. I am on F-1 (doing Ph.D.) and I am going to graduate pretty soon in Summer.

I am not sure what happens to my status if I file 485 with her. Is it advisable? I have an RA if it makes it any difference. Alternatively can I do a follow-to join after she gets a green card?

To me, it looks like unless I get H-1 and file 485 there will always be a period where I will be out of status (between the time I file 485+EAD and until I get my EAD) Is there a way around that? Does 245(i) cover this situation?

Also I think I qualify for NIW. I was wondering if it is worth doing my own separate GC ? Or is it just waste of time, considering her PD is going to be current in April?

dinks

 

[eb1doc]

My wife is on H-1 and her PD date is going to be current in April (this is for EB2). She didn't file for 485 yet. I am on F-1 (doing Ph.D.) and I am going to graduate pretty soon in Summer. I am not sure what happens to my status if I file 485 with her. Is it advisable? I have an RA if it makes it any difference. Alternatively can I do a follow-to join after she gets a green card?

If she files I-485 when you are on F1 you just become AOS status. adjustment of status...you can continue to study on that...but for work it is suggestable to use I-485 based EAD.