Need help to make a decision.

N

nitishva

Registered Users (C)
I am 3 months shy of my EB2 PD becoming current.

My wife has been going to school for the past 2 yrs on H4. She is going to graduate in 4 months.
She did not convert to F1 status because for the last 6-8 months it was looking like our EB2 PD
would become current.

I have a couple of questions:

1. Should she file for her F1 and try to get OPT at this point when she is about to graduate in 4 months?
2. She would like to concurrently file her H1 in April. Can she file for H1, if her F1/OPT is still be processed?
3. Can she file her I-485 if the EB2 date becomes current, while her F1-OPT and/or H1 are being processed?

Please provide input that will help us in making our decision.

Thanks
 
nitishva said:
I am 3 months shy of my EB2 PD becoming current.

My wife has been going to school for the past 2 yrs on H4. She is going to graduate in 4 months.
She did not convert to F1 status because for the last 6-8 months it was looking like our EB2 PD
would become current.

I have a couple of questions:

1. Should she file for her F1 and try to get OPT at this point when she is about to graduate in 4 months?

If I remember correctly, this won't work. She should have been on F1 for at least nine months to be eligible for OPT. Ask her to check with the international students office in her university.

2. She would like to concurrently file her H1 in April. Can she file for H1, if her F1/OPT is still be processed?

If point (1) above is successful, yes. She can file for H1 while OPT is being processed. Even if both are approved, she can continue using OPT and then use H1 once the OPT is finished. IF she can file for OPT, I'd advise against filing for H1 now as the OPT will be valid for a full 1 yr and she can apply for H1 then if needed. She probably won't, as she'll get the EAD once (if) your PD becomes current.

3. Can she file her I-485 if the EB2 date becomes current, while her F1-OPT and/or H1 are being processed?
F1/OPT I'm not sure. I think it's possible but am not 100% sure.
Definitely yes if her H1 is being processed

Please provide input that will help us in making our decision.

Thanks
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