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Immigration Issues/COS H4 to F1with I-140



I need your advice.
I just applied for COS frm h4 to f1 for fall semester(bcoz I got a full assistantship).
In the meantime, my husband's labor cert has been appoved.
1)My husband is in the process of filing his I-140 with my name on it. When is the right time for him to file it? Can he file right now or after my COS is approved?
2)I plan to get my f1 visa stamped in winter if my cos gets approved. Will that be an issue if my husband's i-140 has already been filed with my name on it?

The reason I ask this is bcoz I know f1 is not a dual intent visa. So will my cos be cancelled once they recieve an i-140 with my name on it ?
I know that my name can be included later in I-485, but I need to get this clarified urgently.


He can file I-140 now. You name listed on the I-140 will not appear in their database. I would recommend staying here if your cos gets approved and not going for stamping. I would wait until you get green card to travel or at least until you file I-485 and get approved for advance parole.



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Robert Hollander<B> Esq.</B>



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