I am a greencard holder, and I have 4 more years to get my US citizenship. My wife is on H1B. Her employer has started her employment based green card and her Labor stage got cleared in May09. Employer has not yet filed for I140.I have also started her family based green card by filing I-130 in Feb 09.It has not been approved yet.

Her H1B might be in a problem. So I want to file for her I539 for H1->F1 transfer & join school fulltime.

In I539, what should we answer for questions 3a and 3b? For 3c, should it be No?

Also, should we file for her I539? Will it get rejected since her I130 has been filed by me OR because her Labor got cleared via her employer?

If I130 is going to create a problem,can I withdraw I130 and go ahead with her I539? Does that improve the chances?