Wife on H1, Husband on Green Card

A

Apaveen

New Member
Hi all,

I have a huge problem.

I have a green card. I just applied for citizenship yesterday. My wife
has H1B visa. She will probably loose her job (and along with it, her H1
status) soon. Can anybody tell me what are my options now? I am afraid
that she may have to go back, which will be devastating for me. Is there
anything I can do to keep her here legally until I get my citizenship.

Thanks a lot in advance to everybody who may reply,
-- Praveen
 
No Need to worry Praveen

My case is also same like you. Last time when I met to Lawyer, He told me to fill some form. I don\'t remember that now. But again I am going to meet lawyer again on Monday(02/11/2002) for same. I am going to fill same form for my wife. So she can stay with me here without any problem but she can\'t work here.
If you are interested , please email me at tarshish52@hotmail.com
 
if thats the case, No f1\'s will get h1\'s and then GC & citizenship

as per rule, what u say is correct....but maintaining status is much more important.

Though I am not Immi expert(lawyer)- I think reverting F1 will not pose any problem.

ps: u said h1 & l1 are dual intent...... can u elaborate on H1..as far as i know u have to say to Immigration officer or Consular officer very clearly that u plan not to Immigrate to get usa to get NI visas at all.
 
V visa

I think the INS just opened a new visa category for green card holder\'s spouse, which I believe is V-visa. It is essentially the same as K-visa, it allows a GC\'s spouse to legally stay and work in the country while waiting for his/her GC. Correct me if I am wrong.
 
agree

I think Joe is right. I asked my attorney once the exactly same question, the answer was: no, one can not change from H1 to F1.
 
GC and H1 visa

Always the best thing is to stay in status!
You have two options, I know about.
1) Look for another job! H1 continutation
2) Take full-time admission in school. F1
(I think as long as spouse is in USA, she will not need a visa - since she will have Admission from school "don\'t quote me on this".) Please also check with attorney.
 
check with state department/INS websites

You need to file I-130 for your wife to be eligible for the V visa, which will allow your wife valid status and permission to obtain an EAD. Transfer to F-1 might be difficult with Post-9/11 INS. Best option is for employer to continue her employment until you become a US citizen. Look at the State Department / INS websites for accurate information concerning the new V/K visas, filing I-130 is first step.
 
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