| Q. |
seventh year H1-extension
Me and my wife have filed I485. My wife is in F1 status and her F1 is getting over on 15 Dec 2008. I will be applying for my 7th year H1 extension as I am not planning to use my EAD.
Do I have to change my wife's status from F1 to H4 when I do my H1 extension or I don't have to?
User's Location:
San Jose, California, United States of America
Category:
Employment-based Green Card
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| A. |
Thanks for your question.
If your wife will continue to maintain fulltime student status, then she does not need to change from F-1 to H-4. She must get a new I-20 and continue to go to school. The F-1 visa in her passport is irrelevant to her legal stay in the U.S.
A better option might be just to apply for EAD for both of you. One reason why you might not want to do this is if you think you do not have a strong I-485 case. In that case, you may wish to change her status to H-4 when you obtain your H-1B extension. |
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Maurice C. Inman, Jr.
Immigration Lawyer
Inman and Associates, P.C.
(310) 274-7111
www.igvlaw.com
Disclaimer: This information is general in nature and is not intended, nor should it be construed, as legal advice. This post does not create any attorney-client relationship between us. For specific advice about your particular situation, consult an attorney.
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