question: visa to study during I485 pending

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darmasuden

Registered Users (C)
I submitted NIW as principal applicant last year, and got I140 approved and I485 pending. My wife is in the same situation with me, H1 visa, I140 approved and I485 pending. Now she want to enter school. so my question is about her visa. What visa should she get for study? H4 or nothing? Thanks
 
darmasuden said:
I submitted NIW as principal applicant last year, and got I140 approved and I485 pending. My wife is in the same situation with me, H1 visa, I140 approved and I485 pending. Now she want to enter school. so my question is about her visa. What visa should she get for study? H4 or nothing? Thanks
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I believe I saw a similar post a while back and the professional reply was something like this:

It's an either or choice, and not both. The purpose of I485 is that you are a skilled professional and US company needs your professional help (given that your case is employment based), so you work on your way for your case of permanent residency by being what you are here for - that is, once you apply for 485, you better stick to that, or you may run into trouble.

I may be very much wrong, but that's my understanding.
 
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sillious_mk said:
that is, once you apply for 485, you better stick to that, or you may run into trouble. I may be very much wrong, but that's my understanding.
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Three problems with your assessment. First, the wife is the dependent applicant, so she can do whatever she wants. The I-485 lets her study, or sit at home and watch TV.

Second, you are under no obligation to do what your petition states until after the I-485 is approved. USCIS can legitimately question your intent if you're not in the sponsored job, but there's no hard and fast requirement.

Third, study incidental to your primary reason for being in the US is always allowed, unless you are in B status.
 
Yes, my wife is dependent applicant. I will stick to my current work field. My wife will go to school, and her H1 will be stoped, I just don't know if she need H4, or just hold I485 pending status to go to school. Look like she don;t need any visa for her study...Thanks
 
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