H4 to F1

[vshm]

Hi,

I am on H1B visa and will expires in april 2005.my labour has filed.my wife is on H4 dependent visa.she got admission in nursing.we want to convert her status to F1.my doubts are
1.if we do so can we again convert her status back to H4 if i get green card with out any problems.or
2.can we wait for some more time to convert to F1.

waiting for your replies soon....

Thanks,
VSHM

 

[waitin_toolong]

well you will need to convert her to H4 before you get the Green card, cause after that you cannot add her on that, without a long consular process.

After you labor clears you will file I-140 and possibly I-485 concurrently. Normally you would file I-485 for ur wife too at that point.

At this point there are two options, if ur wife wants she can convert to H4 prior to filing 1-485 if u r on H1 still

or remain on Adjustee status, and not be on F1( invalid in any case once I-485 is filed).

The difference is that on H4 she cannot work, or get assistantships but can still study, but on adjustee status once she gets her EAD she can work.

As for studies, she can do that on H4 only she cannot work, or be paid assistant