Questions about TN (Mex) to H4, and H1B/H4 to GC questions

[medavid]

Hi,
I am new to this forum, but I would really appreciate if someone could help me with these questions. I have read several hours in forums/USCIS docs, etc and I can't really find this info.

I have a H1B and would like to get a H4 for my wife, but possibly a F1, because she wants to go back to school, so here are some of my questions:

1. If my employers helps me with the GC process, does it automatically apply to my wife, or is a complementary application needed?

2.In any case, would it matter if she had a F1 instead of a H4, or to be elegible for the GC process she would have to be on a H4?

3.She is switching from a TN (Mex), and from what I understand, we need to submit a nonimmigrant petition with DS-136 and a change of status with a I-539:
Is the process taking 6-12 months as the Vermont Service center website indicates?
if she quits,thus finishing her TN status, would her change of status considered void? also, would she have to leave the country immediately and wait for the approval ?

I hope you guys can help me with some of this info. The lawyer from the company is answering questions related to my visa, but is too open when answering questions about my wife's (though understandable... ).

My head is boling with questions

Thanks everyone

 

[manwithnoname]

Answers below:
1. Yes it applies to your wife.
2. No it does not. However, if your wife want to apply for F-1 later then she need to demonstrate non-immigrant intent. A pending GC application will be a violation.
3. The new status kicks in from the start date mentioned in the approved COS petition. Till that time it is required for your wife to maintain TN status. Please check with your lawyer whether a pending COS application preserves the lawful status in the event the existing status was lost.

 

[medavid]

thanks nameless , I'll try to get advice from a lawyer as well.

If we started the GC process, she wouldn't really need to get the F-1, since hopefully I could apply as EB2 (with a masters and some experience) , so it probably wouldn't take many years.

So just to clarify, it doesn't matter my wife's type of visa (i.e. H4, F1, TN), the GC process would automally apply to her? I know F1 and TN are not dual intent, so renewal of those visas could present problems.