Spouse Status to apply for GC

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I would like to know what the impact would be if my spouse changes the status. Right now my spouse is on H4 status and going to school. I have filed my LC and is pending. I think I will have to apply for 7th year as I don't see any light at the end of the tunnel with the current processing pace in CA(DOL).
Now my spouse is planning to change the status to F1 and has atleast 1 and half years to graduate(..and that I will be able to file my I-485 befor ethat but just want to make sure...). So, can I add him on I-485 as my dependent though he will be on F1-status or should he have to be on H4 in order to be eligible to file for I-485 along with me. I would appreciate your thoughts.
Thanks much.
 
I don't think F1 enjoys the dual intent (immigrant and non-immigrant) benefit, so your spouse has to be either on H4 or H1 which enjoys the dual intent to be eligible for getting added into your 485.
 
I disagree with "abcd123_123_3" response.

One can add spouse into GC process even if the spouse is on F1. But once you are having I-485 pending with USCIS, you can't go back to F1 status.

That's not the case with H-1/4. One can keep their H-1/4 status while I-485 is pending.
 
Thanks a lot for answering that question usnycus.

I am in the exact same situation except that my wife is on H4 considering to file F1.

U'r answer begs for more questions though: If we file for I-485 status when she is on F1, then WHAT is her status ?

If we get our EAD then will she be able to work in the US (on campus, ofcourse) ?

If you say "she CAN work", then why would anyone want the old F1 status back ?
 
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MilindP said:
Thanks a lot for answering that question usnycus.

I am in the exact same situation except that my wife is on H4 considering to file F1.

U'r answer begs for more questions though: If we file for I-485 status when she is on F1, then WHAT is her status ?
Adjustment of Status (Pending I-485)

If we get our EAD then will she be able to work in the US (on campus, ofcourse) ?
She can work anywhere she wants.

If you say "she CAN work", then why would anyone want the old F1 status back ?
Actually you won't be able to change status back to F1 once I-485 is applied. Regarding H-1/4, some people might prefer to keep their non-immigrant status, just in case 485 is denied for some reason
Click to expand...
 
Regarding H-1/4, some people might prefer to keep their non-immigrant status, just in case 485 is denied for some reason

This explains me completely. Thanx a lot for that usnycus.

Just a side question, U may ignore if U dont get time: After Labor is cleared AND given the fact that we have NO criminal record or any 'wrong' certificates, what are other reasons for which an I-485 petition could be denied ?
 
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