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Posted on 15 Nov 2011
Q.

H4 to F1 COS. Listed as dependent on spouse's approved I140.

I am on H1B with approved I140 [PD 10/09]. My wife is on H4 and is pursuing her MS. She wants COS to F1 and has I-20. She is listed as dependent on my I-140.
1. On I539, what should she answer for:
a. Are you or any other person included on the application, an applicant for an immigrant visa?
b. Has an immigrant petition ever been filed for you or for any other person included in this application? (I will not be included on the COS application)
2. If COS is denied, what happens to her H4?
3. If I change my job while COS decision is pending and I don't get her a H4 along with my new H1, then what happens if COS is denied later? Is she out of status?
4. If she finishes MS on H4, can she apply for H1 under the Master's degree quota? Is it eligible for premium processing?
Thanks

User's Location: San Francisco, California, United States of America
Category: F1 Visa (Student Visa)
Posted on 17 Nov 2011
A.
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Andrew M. Wilson
Immigration Lawyer
Serotte Reich Wilson, LLP
(716) 854-7525

www.srwlawyers.com

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