Transfer from H4 visa to H1

[isingh786]

Hi Gurus,

I have an I140 approved and cannot file I485 due to retro. My wife (currently on H4) wants to join college and then transfer h4 to h1.

My questions are:

1 is if she changes her visa status...is it going to become problem for us at I485 stage.

2 If she changes from H4 to H1 and then 1-2 years later again change it back to H4...is that going to be any problem

TIA

 

[atyagi73]

Hi Gurus,

I have an I140 approved and cannot file I485 due to retro. My wife (currently on H4) wants to join college and then transfer h4 to h1.

My questions are:

1 is if she changes her visa status...is it going to become problem for us at I485 stage.

2 If she changes from H4 to H1 and then 1-2 years later again change it back to H4...is that going to be any problem

TIA

She can study on H4. My wife is doing MS on H-4. The only thing is she is not able to avail any financial aid(graduate assistanship).

 

[no_more_anger]

From what I know, as long as your wife doesn't go on a J1, there shouldn't be a problem.
I believe she can transfer to F-1 for student visa (to get grad assistantship) and your
I-485 can be processed while she is on F-1. Even when she gets her own H-1B, you are
fine.

If you are working for a *company*, not a contractor, check with your company lawyer.
Company lawyers are generally helpful about such one-off questions. Contractor lawyers....I dunno...so can't say.

 

[jcgc]

F1 visa cannot have an immigrant intention

.........
I-485 can be processed while she is on F-1.

F1 visa cannot have an immigrant intention and therefore you cannot apply for adjustment of status (485) while on F1. H1 / H4 do allow for dual-intent and she should be fine applying for 485 while on either of those.

 

[asnssf]

who said ?

My wife changed from H4-F1. later I filed 485 alongwith mine.

This is what I-485 asks for:
Part 2. Application type.
I am applying for an adjustment to permanent resident status because:
my spouse or parent applied for adjustment of status or was granted lawful permanent residence in an immigrant visa category that allows derivative status for spouses and children.

Part 3. Processing information.
In what status did you last enter? (Visitor, student, exchange
alien, crewman, temporary worker, without inspection, etc.)

F1 visa cannot have an immigrant intention and therefore you cannot apply for adjustment of status (485) while on F1. H1 / H4 do allow for dual-intent and she should be fine applying for 485 while on either of those.

 

[jcgc]

My wife changed from H4-F1. later I filed 485 alongwith mine.

This is what I-485 asks for:
[/I]

My understanding is from what some of my collegaues have been advised by our company lawyer. Lawyer specifically asked their spouses to change back to H4 before filing 485. They had to give up their financial aid for this as well. And the reason given was intent in the F1 status. But apparently i am wrong.

 

[nishokie]

my wife could NOT change from an H4 to an F1 because she was a beneficiary in my gc application. to get an F1 visa you should show ties to your home country and demonstrate that you are not going to immigrate. so my wife ended up attending school on an h4 visa.

if you need more details about my wife's case, pm me.

My wife changed from H4-F1. later I filed 485 alongwith mine.

This is what I-485 asks for:
Part 2. Application type.
I am applying for an adjustment to permanent resident status because:
my spouse or parent applied for adjustment of status or was granted lawful permanent residence in an immigrant visa category that allows derivative status for spouses and children.

Part 3. Processing information.
In what status did you last enter? (Visitor, student, exchange
alien, crewman, temporary worker, without inspection, etc.)

 

[nishokie]

no you're not wrong. my wife's F1 application could not go thru because she had a pending GC application. she ended up attending bschool on an h4 visa.

My understanding is from what some of my collegaues have been advised by our company lawyer. Lawyer specifically asked their spouses to change back to H4 before filing 485. They had to give up their financial aid for this as well. And the reason given was intent in the F1 status. But apparently i am wrong.