GC and F1

[I140helppls]

My I140 is pending at CSC for abt 7 mths now. Also my wife is studying on an H4 and she is not able to take any assistantship /internship that is being offered to her etc .
She is currently on an H4 .Recently I had got an H4 extension approval for her till 9/30/2006.


She graduates in dec 2004 . i am thinking whether it is wise to transfer her to F1 now . i am thinking what will happen if we do not get an EAD till 1 year from now (worst case scenario). atleast she will have an OPT.
My company will not file concurrent in any case.
Pls comment

 

[pysar]

From what I heard, lawyers do not recommend switching from H4 to F1 while GC is pending. When applying for F1, you have to prove that you will be returning to your country. So, if they find out that her spouse (i.e. you) applied for I140 they may consider it as an immigration intent and deny F1. I don't know what consequences of such a denial might be. Also, it's difficult to prove the ties to your country when you are physically present in the US.

I'd recommend you to read more on this issue at http://www.murthy.com/chattran.html It appears there regularly almost on a monthly basis.