question abt H4 TO F1

I

I140helppls

Registered Users (C)
My I140 is pending at CSC for abt 5 mths now. Also my wife is studying on an H4 and she is not able to take any assistantship that is being offered to her etc .
With the I140 not moving at CSC , I am strongly considering converting my wife's status to F1.
She is currently on an H4 .Recently I had got an H4 extension approval for her till 9/30/2006.
for this.
1. Would it affect her Green Card application (My I140 RD is 5/30/2003)
2. Even if it does not affect the GC are there any risk's involved .
 
1. I don't think this would affect your GC application. Anyway your wife comeinto picture at I-485 stage.
2. F-1 is a non immigrant visa. But since yo have applied your GC, that means that you have immigration intent. F-1 doesn't like people who have immigration intent. So the chances of her getting approved for F-1 are not great. If the BCIS checks your records and see that you have applied for I-140, then my logical thinking says that there is a high chance of rejection, because it shows your immigration intent. But if BCIS doesn't care to check your records and makes a decision based on your wife's records then she may be approved.

I got my wife's approval in last March. But my GC was in labor stage. BCIS doesn't know whats going on in labor.

But I would suggest you to take a shot, there is nothing to loose.
 
re:

thanks for the response. even my GC is in I140 stage and her name will only come in 485 .canu tell me that when you apply for her 485 will u give all the F1 details wont that have a effect since now u are again showing immigrant intent. if it is ok can u give me ur number .
 
Getting F-1 is a problem. F1 to GC is not a problem.

Since you have applied I-140 and shown your Immigration intent. Now its very tough for you to prove a non-immigrant intent. But if you get lucky and BCIS doesn't find out that her husband (you) has applied for GC, then she may get F-1 approved.

If you get F-1 aproved and then at I-485 stage you have to declare that she is on F-1 and that is not a problem. Because I-485 is just adjustment of status. It basically means that you are approved by labor dept and the goevenrment of to be a permanent resident of US and now lets change your status and put you in the US system/records. I don't see any problem from F-1 to GC
 
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