Filing I-140 for my spouse who is on F1

I

itshuman

Registered Users (C)
I am currently on H1. I got my labor recently approved (CA). I am filing for the I-140 and 485. My wife got her F1 approved last week (earlier status H4). My question is: Does it matter her status for further filing? I mean she will not be considered a dependent anymore, so will it make any difference in the application????
Please advice
Thanks in advance.
 
You cannot file 140 for her based on your LC. You can file 485/AP/EAD however.

If she goes out of USA, she has to come back on H4 or AOS(EAD/AP) - she cannot re-enter on F1 visa. If she comes back on F1 visa - then her 485 will be considered withdrawn. She will have to refile 485 and associated EAD/AP.
 
Thanks for the response. My question is :- does it make any difference on my spouse visa status for approval process on my application (140 & 485) ?

Thanks
 
itshuman said:
Thanks for the response. My question is :- does it make any difference on my spouse visa status for approval process on my application (140 & 485) ?

Thanks
Click to expand...
It does not (practically). Theoretically people may like to argue otherwise.
 
You must log in or register to reply here.
Top