Immigration Issues/F1 to green card

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Question
QUESTION: Dear Ajay,

I am currently working on H1 and my company will be filling my green card in EB2 category in one months time. My wife needs to start her education by 1st June 2012 and she needs F1 since she has been offered stipend. Her program is of 12 months period. My concern is if the third stage of green card is reached and passed before her education finishes what would be the procedure of changing her status once her F1 expires. Do you have any suggestions how to tackle this situation. I am afraid if she'll have to go back to home country and wait for a long time before she gets her immigration visa.

Kindly advise

Best Regards
Muhammad

ANSWER: Hi,

Your wife can file for adjustment of status along with your adjustment of status when your priority date is current as long as she is maintaining valid nonimmigrant status at the time when your priority date is current. Information about priority dates is here: www.h1b1.com/visawaiting.htm



---------- FOLLOW-UP ----------

QUESTION: Dear Ajay

Thank you for your reply. To update you on my situation

My current status H1
My green card in PERM process
Wife's current status H4
Wife is going for change of status to F1 which will take ~3-4 months
With in six months my priority date will be current (green card phase 3 i.e. I-485)

Just to make things very clear I would explicitly want to know if adjusting her status from F1 to green card will be an issue since the intention of F1 is to leave US once the studies are over. She is offered decent amount of stipend so I cannot just wait for green card process to complete without applying for her F1.

I look forward to hearing from you.

Thanks
Muhammad

Answer
Hi,

Although F visa status (unlike H1B or H4 visa status) does not allow for intention to immigrate to the U.S., there is no problem with your wife filing for her adjustment of status application along with you when your priority date becomes current.

Adjustment of status allows the applicant to continue to remain legally in the U.S., as well as to be employed and travel and study etc. independent of current nonimmigrant status such as H or F visa status.

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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