URGENT ! Spousal F-1/OPT vs My I-140/I-485

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ethereal

Registered Users (C)
New user here. Hopefully will get much appreciated help

I am on H1-B, and applied for a NIW/I-140/I-485 in October'03 when I was still unmarried. My fiance' at that time was on an F-1. We went to India in April'04 and got married. I travelled on my H1-B, and she on her F-1.

I now want to add her as a spouse to my I-140/I-485 application. Does she have to come to an H-4 before that ?

Do I have to re-submit my I-485 too ? Or is hers just going to be an addendum to mine ?

Also, she is planning to graduate this December and apply for an OPT/EAD. If we apply for her AOS application (as a spouse), what happens to her OPT/EAD status ? She will probably receive an AOS EAD/AP. Can she use that to work ?
Can she be a full time Ph.D. student next fall (September'05) without applying for an F-1, but instead use the AOS EAD/AP to work as a TA/RA and travel ?

Any help will be greatly appreciated
Thanks
 
ethereal said:
New user here. Hopefully will get much appreciated help

I am on H1-B, and applied for a NIW/I-140/I-485 in October'03 when I was still unmarried. My fiance' at that time was on an F-1. We went to India in April'04 and got married. I travelled on my H1-B, and she on her F-1.

I now want to add her as a spouse to my I-140/I-485 application. Does she have to come to an H-4 before that ?
------No she dosent,. Only thing is that she will lose the F1 status and cannor work till she obtains the EAD, even in school.

Do I have to re-submit my I-485 too ? Or is hers just going to be an addendum to mine ?
------u dont have to reapply, her forms will quote urs as basis and use other evidence(ask lawyer), u can ask that her file be attached to urs, (may or may not happen) so that both are worked on at the same time

Also, she is planning to graduate this December and apply for an OPT/EAD. If we apply for her AOS application (as a spouse), what happens to her OPT/EAD status ? She will probably receive an AOS EAD/AP. Can she use that to work ?

---- Yes
Can she be a full time Ph.D. student next fall (September'05) without applying for an F-1, but instead use the AOS EAD/AP to work as a TA/RA and travel ?
---Yes
Any help will be greatly appreciated
Thanks
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