Future F1 vs GC app. URGENT !

[ethereal]

New member here. Hopefully will get some much appreciated urgent help.

I am on a H1-B here, into the first 6 months of my second 3-year term.

My wife is on F1 currently. She wil graduate this December'04 and is planning to start on her OPT-EAD after that for about 8 months until next fall (Sept'05) when she plans to join a Ph.D. at a separate university.

I had applied for a NIW/I-140/I-485 (since I had a dual-intent H1-B) last October'03 when we were not married. Now, I want to add her to the application. The big question is that if I do it, will she never be able to get an F-1 since she will have declared her intent to have a permanent status?

If we ever do decide on adding her onto the application, should we first get her onto an H-4 and then add ? I have heard that it is not important, but is it recommended ?
Also, will she receive an EAD/AP (based on the AOS application), the validity of which runs concurrent to my NIW being accepted or denied ?

Also, if she gets this EAD, will she be able to study as a full time student ? Does someone with an EAD/AP (spousal AOS based) need to apply for an F-1 to study ? What about studying part time ? I am asking this only because folks on H1-B do get sponsored by their firms to study (hence they are part-time students) ?

Any help in this matter would be very welcome.
Thanks

 

[jaypate]

onsider the time taen to get one,
is F-1 going to be quicker than GC?
With GC, you can still study and get assistantship.
but with F-1 you can only study. wihter way, she is your wife, immigration has to know know she will be decalring permanent residencystaying with you.
i'd say talk to a lawyer.
not a legal expert, a user member caring to provide suggestion.

 

[LucyMO]

people on H4 and in AOS pending status can go to school part time or full time, and even are eligible for in-state tuition in some of the schools. if your wife is in one of these, she doesn't need to get F-1 status.