Hello,

I am working on H1-b visa. My green card stage: Priority date July '06, EB3, India. I-140 approved, I-485 filed Sept'07. I don’t intend to use EAD for employment now.

I have a need to get my future spouse on H-4 visa. With EB3 India priority dates retrogressed, filing dependent I-485 for spouse is years away. (Unless rules change!)

Question 1: IF I loose my H1-b status (job loss) and find a new job using my EAD, my spouse on H-4 goes out of status. So what options do I have to keep her in a valid status?

Question 2: Proactively, say my spouse (when on valid H-4) starts a Masters program (part-time) at a University, can she file for a H4 to F-1 change of status (COS) that VERY week or month I loose my job. Or are there any serious timing issues in this option?

Thanks.