In Limbo: Please Help!

[RockyInTheUS]

Hi Everyone,

-I got married in Oct'01. I applied for my I-485 (ND: 12/12/2001).
- My wife got H4 visa as I was on H1B in October.
- She completed her master's in May 02 and came to US in Jun 02
- We applied for her I-485 in July 02.
- She received her EAD and FP and AP by end of Aug 02. She also has SSN.

In the meantime my H1B expired but I had EAD and hence was never out of status. Me and my wife's case is pending approval.

My first Issue:
She has applied to US universities and has gained admission for MS. Now what is her status? Is she international student (hence needing F1) or is she Permanent Resident? My lawyer says she cannot go on F1 as she has already filed her intent to be an immigrant. F1 is only for non-immigratants. What is her status? It is absurd to know that she can work whereever she wants (with EAD) but cannot study? Should the universities consider as Permanent resident?


My second Issue:
We are Pennsylvania residents and hence we went to Driver's Licence Center for her US licence. She was asked to either
a) show H1B visa valid for more than a year (which is no longer valid)
b) show her Green Card when we claimed she has filed for being Permanent Resident.

THe officer did not accept EAD. What should she do? Her international licence is valid for only one year and is about to expire. Is the officer right in denying her licence?

Any avdice will be greatly appreciated.

BTW, I am anxiously waiting for my approval which hopefully would happen anytime soon. I guess everybody else feel the same way too

 

[GC012002]

First of all, she is not a US Legal Permanent Resident because she has not received her green card.

Many universities allow people with pending adjustment to apply as a resident, as long as they satisfy the requirements. Each university has its own rules for determining in-state or out-of-state resident status.

As for the driver's license issue, try talking with the manager.