H4 to F1 while GC In Progress

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 .
 
F1 visa requires you to show that you have no intention of immigrating. It may not be a problem right now, b'cos no application has been filed on your wife's behalf and she may get her F1.

But when it's time to approve your GC, the BCIS officer may see it as fraud since your I-140 application was already filed when your wife filed for change of status from H4 to F1. He may argue that she had the intention of becoming an immigrant when she filed for F1. This may or may not happen, it just depends on how much risk u r willing to take.
 
A better Option will be to file a concurrent 485. Apply for EAD and use that to take up assistantship.
This may take time but is the safest route
 
re

i wish i could do that but my company is not willing to file concurrently for me .i have tried my best but they will not do it .
any suggestions
 
re:

You said that i can file the I485 myself. Dont i need any document form the company. I think i need an employment letter .They wont give that to me .any workarounds ....


Also our visas have expired (H1/H4 ) but we have got approval notices for extension .we have to get visas stamped now.
 
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