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Posted on 12 Feb 2010
Q.

H4 to F1 concerns

My current status is H1b, PD is March 2007 EB2 India and have my EAD. My wife is currently on H4. I haven't applied I485 for my wife as i got married later. I would like to apply COS for my wife from H4 to F1, as i may lose my current job and need to use EAD for next job.

I have below concerns.

1) Will my wife be out of status(some rejects say"needto leave US in 1month..") if her COS is rejected? she has a valid H4 extension approval papers untill may 2011 (her visa in the passport is expired though)
2) Can i add her to my I485 application once the dates move to my PD, even if she is on F1 status ?
3) How about F1 stamping? but if F1 stamping gets rejected, then what is the possibility of her H4 getting stamped follow F1 rejec, as she have valid H4 extension approval?

Thank You

User's Location: New Berlin, Wisconsin, United States of America
Category: H1B Visa (Work Visa)
Posted on 17 Feb 2010
A.
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