Spouse\'s legal status while waiting for I-485 approval?

[Greg7008]

Hi, all, I got a question here about my wife\'s legal status. Her practical trainning ended this Feburary (her 1st EAD said). She is not working now
but did get a second EAD thanks to the I-485 application. The 2nd EAD is
valid till 11/\'02. We did FP 02/\'02 so are expecting the approval any time between now and 5 months later.
My wife and I are wondering about her current legal status. Is she still
on F1? Does she need to apply for H4? Sounds a stupid question but we are
concerned if INS understands this case otherwise, and may raise issues
during RFE or interview... Does any of you encounter the same situation?
Would appriciate your opinions but hope this won\'t disturb too many.
- Greg7008

 

[ss321]

Greg7008, here is the answer from WWW.MURTHY.COM

Chat User : Ms. Murthy: What will be status of my spouse (who is on OPT) after filing AOS? Thanks for the great service.

Attorney Murthy : AOS pending status. The F-1 is deemed terminated upon filing the AOS, so best to file the EAD to avoid any problems, since F-1 is not consistent with immigrant intent, as you may know.