My Green card process-Wife's F1 status

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msp1976

Registered Users (C)
Gurus.....This is the situation....I am on H1B.. I have started my green card process one year back..My labor is stuck in Phily BEC ..Most likely would come out in next 2 years..My wife is on H4...She is getting admission to a graduate school...
Now we want to put her on F1 so that she could get TA/RA/Some campus job.....F1 is supposed to have a non immigrant intent........

Would there be any problem for applying for My 485 and her 485...When my labor/140 comes through...??? Please advise....

Is is possible to adjust her status from F1 to permanant resident as my dependent....??
Thanks in advance...
 
msp1976 said:
Gurus.....This is the situation....I am on H1B.. I have started my green card process one year back..My labor is stuck in Phily BEC ..Most likely would come out in next 2 years..My wife is on H4...She is getting admission to a graduate school...
Now we want to put her on F1 so that she could get TA/RA/Some campus job.....F1 is supposed to have a non immigrant intent........

Would there be any problem for applying for My 485 and her 485...When my labor/140 comes through...??? Please advise....

Is is possible to adjust her status from F1 to permanant resident as my dependent....??
Thanks in advance...
Click to expand...

There there no problem for converting to F1 until she applies for I-485. However, once she applies for I-485 her F1 will be invalid automatically. In I-485 stage, she need to obtain EAD to work, and AP to travel abroad. There is no way she can keep F1 status after applying I-485 and then become perm resident. She must give up her F1 status. However, she can opt for consular processing to keep her F1 status for longer period.
 
pralay said:
There there no problem for converting to F1 until she applies for I-485. However, once she applies for I-485 her F1 will be invalid automatically. In I-485 stage, she need to obtain EAD to work, and AP to travel abroad. There is no way she can keep F1 status after applying I-485 and then become perm resident. She must give up her F1 status. However, she can opt for consular processing to keep her F1 status for longer period.
Click to expand...

Pralay...Thank you for your reply...

I would be extending my H1B until I get my I-485....So I shall get her status changed to H4 once her 485 is filed...That look feasible......Only concern is does the USCIS have any regulation preventing f1 student from filing for I485 as a dependent of H1B principal.....The key word is dependent.... Once she is on F1 she is no longer a dependent.(???)...

Spouse of the EB preference category principal is eligible for same status as the principal...But does she/he have to be a dependent visa status???
......
 
msp1976 said:
Pralay...Thank you for your reply...

I would be extending my H1B until I get my I-485....So I shall get her status changed to H4 once her 485 is filed...That look feasible......Only concern is does the USCIS have any regulation preventing f1 student from filing for I485 as a dependent of H1B principal.....The key word is dependent.... Once she is on F1 she is no longer a dependent.(???)...

Spouse of the EB preference category principal is eligible for same status as the principal...But does she/he have to be a dependent visa status???
......
Click to expand...

Wife is not considered as your dependent in case of GC. So there should not be any problem.
 
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