Spouse moving to F1 from H4 while I am stuck in the retrogression...any problems???

B

bindas74

New Member
Hi All,

I have this question. I applied for LC in 2003. Once my LC was cleared in 2006, I applied for 140 and it was cleared as well. Now, I am waiting to apply for the 485. My spouse who is on H4 started going to school last fall and now I want to apply for F1 for her so that she will have the flexibility of working for 1 year on Optional practical training( especially since I am hearing that this year's quota will be over on the first day itself). So, since I will be adding her on my 485 application, will she have any issues being on F1 status??
Please help me.
-Thanks
 
nope

H4 to F1 conversion is required for many reasons. Mainly because F1 visa allows the student to work as TA/RA and get stipend. With H4, this is not possible.

My wife went through the same conversion; There was no issue when we applied for 485; We have got GC last year.

gravitation said:
Yes. It'll be problem.

Unlike H1B/H4, F1 is a non-immigrant intent visa. Getting an F1 will sabotage I-485.
Click to expand...
 
bindas74: I think it is possible to study (absolutely no working) on H-4 visa itself.

Aah your quetion is already answered in the previous post.
 
please respond..

Hi asnssf and other gurus,

Could you give more details about your wife's conversion. My wife is planning to go to school for two years from fall and is planning to change from H4-F1.

She is planning for H4-F1-OPT-H1B conversion. If the H1B quota is filled up by the time she applies for H1, she will have to do H4-F1-OPT-H4. My GC priority date is 12/2006(EB2) and there are no hopes that it'll become current within 2 years.

My questions are:

1. Would we need to hire an attorney for H4-F1 conversion after getting the I-20 from school or will the school take care of the conversion(I-539 ETC)?
2. Do you see any issues for visa stamping/greencard processing because she changed her status multiple times?
3. What was your wife's status when she applied for I-485? Would she need to be in H (H1B/H4) status when she applies for 485 or can she be on F-1?
4. If the degree takes 4 semesters, can she be on H4 status for 3 semesters(assuming she gets to pay in-state tuition) and change her status to F-1 in the final semester just to get OPT?

Thanks a lot in advance.
 
same situation

Me and my wife are in same situation. I am on an H1 and my wife moved from H4 to F1 last month (we filed 539 ourselves and mailed, took 3 months for change of status and went through without hitches).

Now, my RIR labor has finally approved and its time for I-140. My attorney says that he cant file it if my wife's on F1 (non immigration intent visa). infact, i have another 140 in process (from PERM labor approval) with the same employer which he claims would now needs to be withdrawn. USCIS assumes spouses to have similar intent and thus can cause issues with I-140 or later stages if either of us is on an non-immigrant visa while immigration process is in process. He is recommending either to have my wife move back to H4 or wait till she either gets her own H1. He also suggests to stay put since there isnt much to gain by applying I-140 now since PD's are retrogressed and are about 2 yrs away from mine (Dec 2004).

Not sure what to do, any advise would be much appreciated. I believe only benefit to get I-140 now is to ability to change employers, correct me if i am wrong.

Thanks,
A
 
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