Is student spouse eligible for a family based GC?

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sarkara1

New Member
I am new to the forum. I was actually going to talk to an attorney when a friend suggested that I try this forum first; he highly recommended this place

My spouse is currently on H-4 while I am on H-1B. My I-140 is in progress. My wife wants to work here while studying and we are considering getting her a student visa. My question is, if we convert the H-4 into a student visa, would she still remain eligible for a GC when the time comes for I-485?
If any more information is required to answer the question, please reply to this post and let me know. Thanks for your time for reading this post.
 
sarkara1 said:
My spouse is currently on H-4 while I am on H-1B. My I-140 is in progress. My wife wants to work here while studying and we are considering getting her a student visa.
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I assume you're aware of the work restrictions with student status and the requirement to study full time (except the summer break and the last semester leading into graduation).

She might have a problem getting a student visa approved at a consulate, because of having a spouse who is pursuing an I-140. And the desire to work is not a good reason to tell them for the student visa; they don't like people to jump directly into working in student status, they expect you to already have enough funds to cover the first year of study. However, they won't have a problem with her desire for OPT.

Anyway, the answer your question is Yes, she can file I-485 while in student status.

Is your I-140 for EB1 or EB2? If yes, and you're not in EB2 India/China, both of you can file the I-485 right now and bypass having her switch to student status.
 
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