Immigration Issues/F1 COS to H4

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Question
Hi Ajay, i need your expert advise on my below situation.

I need some help regarding my wife's COS from F1 to H4.  
Her OPT was denied as the univ and USCIS messed her SEVIS record. As she is in the 60 days grace period i want to put her back in h4.
while filling up I-539 there are some questions related to
1>are you or any person an applicant for an immigrant visa.
2>has any immigrant petition ever been files for you or any other person in this application.

My I-140 is approved and her name is added to it. but univ advised me last time (from h4 to f1)as she was not the primary applicant i should answer no. Do you think right now the answer should be 'no' as well?

What might be the repercussions if i answer 'yes'. or If i answer no and her COS is successful, would i face any hurdle while filing 485.
thanks
subhradip
Thanks for all the help.

Answer
Hi,

When changing to H4 status, it is better to answer "yes" since in any event H4 status allows for intention to immigrate to the U.S. The H1B/H4 visa category is a nonimmigrant visa category, but being 'dual-intent' allows for intention to immigrate to the U.S.

It is OK if the question was answered "no" earlier when changing to F1 status, as answering "yes" would have probably have resulted in denial of the cos application, and answering "no" was acceptable for the reasons the university put forward.

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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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