Urgent -485 and COS to F1 in Parallel

H

Hello222

New Member
I need help from Informed people .

I am on H1 till July 2009 and my wife had h4 till July 2009.I had 140 approved in August 2006 and bacause of retrogression I was held up in filing 485. In january 2007 my wife got a letter from a university that she got admission in a with Full aid and the classes start from Fall 2007.Because of retrogression we dicided to change her status to F1 so that she can avail the scholarship. We filed for COS on May 14th . Suddenly the PD's became current In July and we filled our paperwork and submitted to company's lawyer to file 485 on June 30th. We filed EAD AND AP documents for my wife .Then the USCIS gave an update on July 2nd that they will not accept any applications on July 2nd. Then again on 17th they announced that they will accept the application .The same day i.e July 17th my wife's COS from H4 to F1 got approved.

My question is:
a) Since we have filled in paperwork for AP and EAD for my wife before like on June and we said that her current status is H4 but now COS has come and she is F1 , will it matter if we donot amend it to F1 in I765? I think my lawyer has already filed 485 on July 18th as he had all the documents.. Pls advise

b) I undersatnd that she will go in Pending AOS afetr 485 is filed and her F1 status will be invalid, Will she be able to still start her courses from Fall without taking any money from the University, We can pay from our pocket and can request university to start aid after EAD has come? Or will she have to wait for EAD to come?

c) If Answer to question b is Yes, then do we have to maintain Full load till EAD comes like take 12 credit hours .


Also, Please highlight any issues i will face in this process.. Thanks everyone in advance
 
I don't think the scholarship is dependent on F-1 status. If it is what do you want, EAD or scholarship?
 
Thanks NYC for your reply. I really need to make sure that we are maintaing all the right status so we thought to request university to start the aid in Jan once EAD comes and I can make payment for one semseter from my pocket for fall semseter. So Yes we want EAD .
 
What? F-1 is required for the scholarship? Where did you get that information? Anybody with an H-4 can study full or part time at a university, and I have never heard of F-1 being required for any scholarship (unless a condition of the scholarship is taking an internship, for which EAD would be required, and the EAD would only be available via the OPT provision of F-1 but not H-4).
 
My understanding was that to get tution waiver and to Aid from University you need F1. Seems you all have diffrent understanding...Well, Am I wrong??? Anyways, I got my wife's F1 status approval from USCIS. The status start date is 8/27 but we have alreday filed for I485 on July 18th What happens now? Do you guys forsee any problem?
 
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