H4 to F1 and GC processing

C

crk123

New Member
Currently, I am on H4 visa status and so will need some clarifications
regarding visa status for pursuing MS degree program. My husband on
H1 visa status has Green Card application filed by his company. He is in the first stage .ie.
Labour Clearance of Green Card processing. It would be helpful if anyone experienced in these matters could me in deciding whether to
apply for conversion to F1 visa status or pursue the graduate program on my
current H4 visa status by answering the following questions:
1) Is it ok with respect to his pending GC processing if I proceed with the
conversion to F1? In other words, is it possible for adding me to his GC
(I-485, I-140) application petition in the future, if I am in F-1 status
then?

2) If for any reasons, my F-1 application is rejected, will I fall back to
H-4 status or does that invalidate my status?

3) I am aware that traveling on F1 may pose some risk (i.e intent to immigrate on F1) to GC processing? However will that apply otherwise. Do you see any other risks associated with the conversion?

4) In what stage of GC processing do I get included ? If it is only in I-485 stage, then how long can we
delay I-485 application after I-140 is approved in case we do not opt for concurrent processing. I am asking
this to understand whether I will have enough time to convert from F1 to H4 if you think it is less risk being on
a H4 than F1 at the time of including my name in I-485 application petition.

Thanks
 
1) Is it ok with respect to his pending GC processing if I proceed with the
conversion to F1? In other words, is it possible for adding me to his GC
(I-485, I-140) application petition in the future, if I am in F-1 status
then?

Yes, it's no problem.

2) If for any reasons, my F-1 application is rejected, will I fall back to
H-4 status or does that invalidate my status?

you will fall back on H4 until the expiration date of your H4 status.

3) I am aware that traveling on F1 may pose some risk (i.e intent to immigrate on F1) to GC processing? However will that apply otherwise. Do you see any other risks associated with the conversion?

if only LC is filed, it's not quite the application for GC. Once I-485 is filed, you will have to travel with AP (advance parole) only. Once you do, you will no longer be in F-1 status, but in AOS status. Some universities even allow you to pay in-state tuition while on AOS.

4) In what stage of GC processing do I get included ? If it is only in I-485 stage, then how long can we delay I-485 application after I-140 is approved in case we do not opt for concurrent processing. I am asking this to understand whether I will have enough time to convert from F1 to H4 if you think it is less risk being on
a H4 than F1 at the time of including my name in I-485 application petition.


Hmmm, as far as I know, it won't matter which status you are in when I-485 is filed for you.
 
Need Help

Hi,

I am on F-1 visa which stamp is valid until 2006. I have changed my program degree several times and the completion date on that goes to 2008. I know that my name in SEVIS somehow with DSO's mistake has gone to the port of entry/initial list. But, school has told me that they have taken care of the problem and all informations are valid. The school has filed for H-1B on last October in premium processing, but my application is pending for no reason! It seems that it has gone through lots of agencies to see if I have background problem and they all said I am clear. But, they haven't taken any action on that, yet. I was wondering if you can help me finding answers for these questions:

1. Can I transfer my school at this time?

I have got the admission from a new school and they told me I should go on campus and register, then they will give me my new I-20. I have done all paperwork, too.

2. Do you think if this is logical? I am afraid of getting out of status.

3. Can I file a new H-1B with another employer?

4. Who can I seek help? For H-1B they hunged up on me at premium processing center!

I look forward to hearing back from you.

Regards,
Seyed
 
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