H4 - F1 COS (spouse applied for 485)

safecoder

New Member
Hello All -

Me and my wife are in a situation and would like your opinion on this so that we can take a proper decision on her career..

My status : On H1B (valid for another two yrs), Applied for I-140 and I-485(PD Jul 07), got EAD(thru one month opening back in aug)
My wife status: On H4 visa and she was not added as a derivative to my 485 and we were not married at that time.

here comes our concern...She planned for being a student and gave her GMAT and will get an I-20 soon......

--> if we apply for her COS (from H4-F1), will she be in trouble as i have already applied for 485?
--> Is there anyone who is/was in the same situation that we are in currently?

Any help or input is greatly appreciated.... Is there any good attorney that we can contact for a good advice on this?

Thanks a lot!

Anil
 
I' am going to end-up in similar situation soon. I' am getting married soon & I cannot add my fiance to my I-485 application till PD becomes current. To date below is what I found

A) For H4 to F-1 Conversion after you have an I-20 - You would need to apply for Change of status which takes 30-90 days, PROBLEM being since I have filed for permanent residency it might get rejected since intent of F-1 is temporary stay

B) Bring her here on F-1; We don't have time for her to get admission etc on time

Donno what to do.. at this Juncture.. any feedback would be appreciated

--
Babu
 
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