H-4 to F-1 conversion and other issues

D

deepdip

Registered Users (C)
I plan to get married in April and have my wife accompany me to the US on an H-4 visa. I have an H-1B and also have a I-485 petition filed with the INS (still about a year from getting approved if all goes normally), which I haven't used to work (i.e. through an EAD) to be able to preserve my H-1 status. I also plan to file her I-485 when she gets here. My questions are:
1. Would my wife have the option to join a Masters programme while on H-4 status?
2. What about based on her I-485 application? Does that allow her to pursue a full time degree course? Would that make me lose my H-1 status?
3. If not, and she changes status to F-1 while still in the US to be able to go to school, does she face any risks getting a F-1 visa stamp (provided she needs to travel at some point) in India?
4. Can a F-1 visa stamp be obtained in Mexico/Canada in this situation?
5.Lastly, if my wife applies for an EAD based on her I-485 application and works based on that, would that mean that I would be deemed to be on adjustment pending, and not H-1B status, as well?
Any reponses, suggestions would be truly appreciated. Thanks!
 
1. Yes- no financial aid though. She can also use EAD .
2. She can on EAD. No does not affect your h1 status
3. DO NOT change to F1 after applying for I485. F1 requires pure non immigrant intent
5. No you can maintain H1
 
Thanks for that response - it sounds like studying on EAD is the best option if everything else works out. Would she also qualify for financial aid/campus or part time jobs while working on EAD?
 
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