general question pls answer

I

I140helppls

Registered Users (C)
My I140 is pending at CSC for abt 5 mths now. Also my wife is studying on an H4 and she is not able to take any assistantship that is being offered to her etc .
With the I140 not moving at CSC , I am strongly considering converting my wife's status to F1.
She is currently on an H4 .Recently I had got an H4 extension approval for her till 9/30/2006.
for this.
1. Would it affect her Green Card application (My I140 RD is 5/30/2003)
2. Even if it does not affect the GC are there any risk's involved .
 
1. Would it affect her Green Card application (My I140 RD is 5/30/2003)
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Yes, F-1 is strictly a non-immigrant visa. There will be issues.

Also, she might have hard time getting a F-1 visa if she has already filed I-485.

Why dont you get a EAD for her....
 
Have you applied for I-485 along with I-140? Did your wife applied for I-485? If yes the she cannot convert into F1. If she has not applied for I-485 then there is chance that she may get F1. If if she gets F1 now once she apply for I-485 then F1 will become automatically invalid.
Please Write the details. specifically the dates.
 
re:

no my employer is not filing my 485 parellel and that is the reason i am thinking abt F1 for her so that she can get aid etc. my 140 is pending for 5 mths .if her F1 gets rejected can she come back to H4??
 
She will become F1 only after the F1 is approved. As for as I know applying the F1 will not make you F1. So she will be converted into F1 once it is approved. Until then she will be on H4 only. Their might be another problem you may face. While applying for F1 you have show a non immigrant intent. But you do not have non-immigrant intension as you have applied for I-140. I know Your wife has not applied for I-140/I-485. But now a days there are so many security checks. That too for F1 You never know. If they feel that you lied there might be some issues.

Also once you apply for I-485 your F1 may (will) become invalid.

All these are just my thoughts. Double check them. If I am wrong some where please let me know
 
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