H4 to F1 while GC in process

I

I140helppls

Registered Users (C)
My I140 is pending at CSC for abt 5 mths now. Also my wife is studying on an H4 and she is not able to take any assistantship that is being offered to her etc .
With the I140 not moving at CSC , I am strongly considering converting my wife's status to F1.
She is currently on an H4 .Recently I had got an H4 extension approval for her till 9/30/2006.
for this.
1. Would it affect her Green Card application (My I140 RD is 5/30/2003)
2. Even if it does not affect the GC are there any risk's involved .
 
1. If your wife can't get aid due to visa restrictions she should transfer over to F1. Shouldn't cause any problems with her GC.
2. No risk involved.

Don't know if you are aware but these days you can concurrently file I140 and 485. After applying for 485 you can apply for EAD/AP which should give your wife a chance to work/earn money without going through the F1.
 
guys...

F1 = non immigrant intent
H4 = dual intent
GC = immigration intent

F1 processing is doomed if you have ever filed for LC/I-140/I-485.
 
Re: guys...

Originally posted by tt tt
F1 processing is doomed if you have ever filed for LC/I-140/I-485.
Click to expand...

tt tt,

I140helppls, din't mention that he has filed for AOS concurrently. Hence his wife probably hasn't applied for LC/140/485, (even if she has, all F1 would do, would be invalidate the previous status).

AFTER I140helppls, gets his 140 approval notice and applies for 485, his wife can sign on as a dependent and move over to EAD, whereby keeping her status legal.

The problem in this situation is data insufficiency! To get better answers more data is required, hence the axiom, use information at your own risk! All we can do is answer questions based up assumptions.

reach_honey,

Going by the assumption that his wife is only on H4 without a 485 pending approval, there is NO problem in switching between either status. Though she might have to leave the country to get her passport stamped with the new status thanks to the change in F1 visa regulations.
 
Exact Details

Guys here are my exact details .Thx all for the responses.
I140 has been filed on 5/30/2003 using substitute labor. Wife has been in school on first sem using H4 .Company is not willing to start I485 till I140 is approved .
My wife is getting some good opportunities for Work, aid etc which she cant take.
Hence the whole thought abt F1 etc.

p.s H1/H4 is valid till 2006 . We have to get visas stamped yet.
 
I140helppls,

Earlier advise stands! Ask your wife to shift to F1 if she can, when you get your 140 approved, apply for EAD/AP and she can move over to the new status easily!
 
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