Help with Retrogression Questions

[nitishva]

I would appreciate any help with these questions:

1. I filed for a regular labor in 2001 then filed for a RIR labor in 2003. Later the original non-RIR application was withdrawn. Can I use 2001 as my PD for filing the I-485?

2. My wife is currently studying on H4 visa status. In order to get the 1 year Practical Training period, she will have to switch to F1 status. My lawyer says that she shouldn't because my labor and I-140 are approved (I-485 pending) and that shows "Intent to Immigrate", and therefore it is risky for her to apply for F1.

Thanks in advance.

 

[andy garcia]

I would appreciate any help with these questions:

1. I filed for a regular labor in 2001 then filed for a RIR labor in 2003. Later the original non-RIR application was withdrawn. Can I use 2001 as my PD for filing the I-485?
A. NO.

2. My wife is currently studying on H4 visa status. In order to get the 1 year Practical Training period, she will have to switch to F1 status. My lawyer says that she shouldn't because my labor and I-140 are approved (I-485 pending) and that shows "Intent to Immigrate", and therefore it is risky for her to apply for F1.
A. She can apply for EAD if the 485 is pending.

Thanks in advance.