H4 to F1 and green card issues

bumper bumper

Registered Users (C)
Hi,

I\'m presently on H4 visa and my husband is still in the Green card process
(Labor Certification). I would like to go to school from this fall semester.

(1) Can i change my visa status from H4 to F1, so that i can avail financial
assistantship and still be part of his green card process?
(2) Suppose i\'m on F1, when he gets to his 485 stage, will i have to go back to H4 to be on his green card porcess?

Or, can you please lemme know about other options available?
 
you have to be on H4

Now, I am no expert but in a similar situation.
The spouse has to be on H4 during adjustment of status to get greencard at the same time and can also avail of the EAD which means the spouse can work for more than 20 hours per week unlike a F1.
Hope this helps
 
No Title

I am in the same situation as you.
Can we on F1 during LC and I-140 application then change back H4 when going to adjustment of status?
 
same situation here

my wife is also in the same situation ....
i think you can be on F-1 in the last stage(AOS/CP)...my concern is
how easy it is to convert to F-1 from H-4, when my (spouse\'s) GC is still going on....and she already got an assistantship, so she has to get an F-1....!!!
any comments ?
thanks
 
Why does it matter, in terms of VISA TYPE ?

My understanding was that as long as you put the spouse\'s name during file of I485, It should be okay. It does not matter , what VISA r u on ?
 
not an issue

should include ur f1 or h4 supouse during i485 stage....if you go to F1-VISA / FAQS of this website IMMIGRATION.COM

Mr.R.Kanna has stated clearly stated that it is not a problem.

ofcouse you should maintain valid F-1 or H-4 Status....
 
No Title

what did you mean "she already got an assistantship, so she has to get an F-1" ? What kind of assistantship?
 
means...

she applied to Univs and she got a scholarship ( assistantship), so in order for her to work she will have to take a F-1 as she is on H-4 right now..and i don\'t think we will reach upto 485/AOS by that time..
 
To my little knowledge

As I understand as long as u have included their names and spouses are in valid visa status it does not matter.... better check with ur attorney they will be able to reply with in few minutes
 
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