What status am I in? Can I continue school?

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rosatiamo

Registered Users (C)
A Friend has the following question and I am posting it here for help:

I am currently in school working on my bachelor's degree using EAD. My husband has passed LC and we submitted 140 and 485 together in January. Today we just received a RFE on 140 and we are really worried. If my husband's 140 and 485 get rejected, am I out of status immediately? Can I then transfer to H-4 and finish school? Will I have OPT after school?

Thanks for your help!
 
rosatiamo said:
A Friend has the following question and I am posting it here for help:

I am currently in school working on my bachelor's degree using EAD. My husband has passed LC and we submitted 140 and 485 together in January. Today we just received a RFE on 140 and we are really worried. If my husband's 140 and 485 get rejected, am I out of status immediately?
Yes if you are not on H4.

Can I then transfer to H-4 and finish school? Will I have OPT after school?
If you go H4 then you will not allowed to get OPT, you can go for F1 if you are eligible , in this case you can get OPT. Check, I am not sure, there is limitation how many years you should be in F1 before applying for OPT?

Thanks for your help!
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I doubt that she could go F-1 because submitting 140 and 485 and getting an EAD effectively means that she has immigration purpose. What I am not sure about is whether she can transfer to H-4 in order to finish her school. Do schools allow people like her to transfer to H-4 to continue in their full-time programs after 140 and 485 are rejected?
 
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