Should I convert to F1 from H4?

[shiningzhi]

Hi, everyone,
I need your help to make this decision. I am a graduate student, a H4 holder. I am going to graduate in Aug (perhaps December) 2006. I want to convert my H4 to F1 for two reasons: i) get some working experiences and ii) avoid exhausting H1 employment time (I have already used four years). But my husband is applying GC now. He is going to submit all the documents necessary for PERM application at the end of this month. His attorney strongly suggests me to keep my H4 status because there is a risk of going back to my country if I could not find a job or get a new F1 after graduation. Here is my question: No matter which kind of non-immigrant status (F1 or H4) I hold, is there any difference in terms of my GC application with my husband? ( I am confused because I heard that as a H4 holder, if my husband submit I-485, I can get working permit after 6 months. But if I convert to F1, I could not have this benefit.).

PLS give me some suggestion!

Millions of thanks!

 

[LucyMO]

there is no difference. It could be some time till your husband can apply for adjustment of status. When he does, so will you and it doesn't matter which status you will be in at that moment, as long as you are in legal status.

Remember that it takes several months to change status and you need to be in F-1 status for 2 semesters (1 academic year) in order to enjoy the privilege of OPT after graduation (internship for a year). Even if you don't find a job, you will still be in F-1 status during OPT.