h1->f1 and green card issue

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xzzh

New Member
My wife is changing status from H-1 to F-1, it is pending and ask her to privide non-immigration intent. I am applying green card and had I-140 proved

Now since F-1 is non-immigration visa, how possible my wife F-1 will be rejected (she already filed for a few month, and USCIS asked documents to prove that she will go back)

I did not file I-485 for me and my wife yet, since her case is not clean. And I do not know what kind of status she has.

So If my wife's F-1 is rejected, how many days left for us to file another case and should I file H-4 for her? or I-485 for us? If F-1 is rejected, will she be out of status and have to go out of US? if so what kind visa she can get to re-enter?
 
I got proved just FYI

Just for FYI

We got the F-1 proved easily. Based on the experience, there are a few things learned. Maybe this help other people in simular case:
1) My wife quit job on the day when she filed F-1. so you do not need to keep working when you are in F-1 pending.
2) even I got I-140 proved, and my wife I-20 shows dependent, her F-1 case has not been impact by my immigration intention
 
I am in the same situation. Can you please let me know what are the documents submitted as proof for non immigration intent.

xzzh said:
Just for FYI

We got the F-1 proved easily. Based on the experience, there are a few things learned. Maybe this help other people in simular case:
1) My wife quit job on the day when she filed F-1. so you do not need to keep working when you are in F-1 pending.
2) even I got I-140 proved, and my wife I-20 shows dependent, her F-1 case has not been impact by my immigration intention
Click to expand...
 
you need two things:
1) prove of your foreign resident, you can use the residental record in your home country.
2) your statement about you plan that you will go back after your graduation.
 
Unrelated, but anyone stopped to think that upon switching from H1 to F1, status will change to foreign / non-resident student with consequent eye-popping multiplier effect on tution fees?

Just a heads-up.
 
you forgot that F-1 students are also eligible for assistantships which most often carry a tuition waiver, while H-4 cannot get the assistanship.
 
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