Spouse visa change from H1 to F1, I am on H1 and I 140 applied

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nikita2007

Registered Users (C)
Hi,
I am on a H1 and my company has applied for my I 140 about 2-3 months back. My spouse's name is obviously on my I 140 application.
My spouse is on an H1 too and currently working. He is planning to apply for his F1 soon as he is going for his MBA for Fall 2007.
Is there a chance of his F1 getting rejected because of him being in my I 140 application? If yes, can I file an amended I 140 without his name in the application? Or do I withdraw my I 140 altogether?
Please do respond if any one of you have had similar situations.
Any inputs will be greatly appreciated.
Thanks!
 
Hi,

My husband is abt to file his I-140 while I am abt to apply for COS from H4 to F1. Incase my hubby cannot file I-140 without my name on it, we r considering cancelling the application. My reason for changing to h4 is i am getting an assistantship.

H1/H4/L1/L2 are dual intent visas and GC application can be in progress when u r on any of them. F1 is a purely non-immigrant visa and u cannot have a gc application in progress when u r on it. That is a contradiction as gc is a immigration petition. While filing for COS to F1, form I-539 specifically asks if an immigrant petition has ever been filed for u.

Incase u still want the gc application to go ahead, he can switch to h4 and study. I cannot help u with amending the i-140 coz i dont ahve any knowledge abt that.
 
Thanks very much for your input Priya!
But the problem in my case is that I had already applied for my I140 (not yet approved) with my husband's name in it early Jan 2007 and he got thro' different colleges in Mar-Apr 2007....if we had any idea way back in Jan then I would have applied for my I140 without his name (you can do that, rajeev had mentioned that in a couple of his conference calls) or not have applied at all! I really don't care abt the GC now as we can always go back to india or settle somewhere else....but I do want my hubby to go for his MBA, he got a couple of great offers and that too with almost full scholarship....I really wish that I could withdraw my I 140 but then people are of the opinion that it wouldn't matter if I withdrew it 'coz once you have an intent to migrate, you just have it and the chances of F1 getting dingged is just as high!
This is such an icky situation.....totally sucks and we are really frustrated!
I was wondering if any one of you out there had been in a similar situation and what could now possible be the course of action....
really appreciate any inputs.....
 
I140 -> F1

Nikita,
From what I know there is good chance F1 may get rejected. But this is not certain. One thing that I have heard about is to abandon you 140 for more than a year.

Also, does any one know if this gets worse with a pending I-485, i.e. what is the chance that F1 visa gets rejected with an approved I-140 and a pending I-485 (with/without EAD)?
 
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