being_intrigued
Registered Users (C)
Hello all:
My first post here on this forum, hope to get some response/opinions from the learned folks here.
Facts: I am on H1B1 (I-94 valid till August 2004) and am nearing 3.5 years of H status. My Spouse is a grad student on an F1 (I-94 indicates 'D/S' - I20 and visa valid till 2005). My employer has filed an EB-3 I-140(Perm)/I-485(AOS)/I-765(EAD)/I-131(Parole) in August 2003 where i have included my spouse as a derivative beneficiary.
Questions:
1. My spouse is looking to finish school in April 2004(so her F1 status is gone by the time school is over). We hope to have the EAD & AP by then for her and myself - this gives her the option of working on the basis of the EAD and travelling on the basis of the AP after April 2004 . What happens to her status if the I-140/I485 gets denied in May 2004? Is she considered out of status as of the date of her finishing school? Remember that i have a valid H1B1 and am safe as regards status but her F1 status is gone once she is graduated.
2. Would it be prudent to get her a H4 right after she finishes school so that even if the I-140 get denied both of us maitain our statuses?
3. If she has to get a H4 when/how does she apply for it. If she goes to our home country to get a H4 based on my H1 - isnt it highly likely that the consulate will refuse if we disclose that we are in GC processing? If she does an AOS from F1 to H4 being in this country which form should she use and what are the pitfalls of this method.
Thanks for your time.
My first post here on this forum, hope to get some response/opinions from the learned folks here.
Facts: I am on H1B1 (I-94 valid till August 2004) and am nearing 3.5 years of H status. My Spouse is a grad student on an F1 (I-94 indicates 'D/S' - I20 and visa valid till 2005). My employer has filed an EB-3 I-140(Perm)/I-485(AOS)/I-765(EAD)/I-131(Parole) in August 2003 where i have included my spouse as a derivative beneficiary.
Questions:
1. My spouse is looking to finish school in April 2004(so her F1 status is gone by the time school is over). We hope to have the EAD & AP by then for her and myself - this gives her the option of working on the basis of the EAD and travelling on the basis of the AP after April 2004 . What happens to her status if the I-140/I485 gets denied in May 2004? Is she considered out of status as of the date of her finishing school? Remember that i have a valid H1B1 and am safe as regards status but her F1 status is gone once she is graduated.
2. Would it be prudent to get her a H4 right after she finishes school so that even if the I-140 get denied both of us maitain our statuses?
3. If she has to get a H4 when/how does she apply for it. If she goes to our home country to get a H4 based on my H1 - isnt it highly likely that the consulate will refuse if we disclose that we are in GC processing? If she does an AOS from F1 to H4 being in this country which form should she use and what are the pitfalls of this method.
Thanks for your time.