Need your advice/experiences re F-1/I-485

[vtg]

hi gurus,
yesterday we got the Change of status approval to F-1 for my wife. Now my I-485 was filed on July 30th 2002.
We didn't file I-485 for my wife as she was under a pending Change of status.
The question is what do you think would be the reasonable time to wait and then file for her I-485. ( we are slightly reluctant to file 485 for her immediately as this might be seen as some conflict later on - go on F-1 and then immediately file for I-485...non-immigrant v/s immigrant stuff..!)

If someone was wondering why we had to file her F-1 in the first place..that is because my I-140 was recently approved and there was no way we could get an EAD for my wife before September by which she has to start her studies and take the assistantship..hence going on F-1 was the most reasonable choice we had..

Please advise if someone has any comments or similar experiences..!

Talked to my lawyer and he says no probs in filing right now also..in fact he was advising to file even when the change of status was pending..but we decided to wait and not file for my wife's I-485

thanks.

 

[485ca]

My uninformed guess

It can be argued that your wife already has immigrant intent since you (her spouse) have filed for permanent residency. Hence I would assume that she may have difficulty getting back into US using an F1 visa and status if she travels overseas. If she has to apply for a visa the visa application asks whether the spouse has applied for permanent residency.

So like your attorney is suggesting it may be best to file 485. I guess after applying for 485 she can't work (on assistantships or otherwise) without an EAD.