mushal Posted May 11, 2017 Report Share Posted May 11, 2017 I am on F-1 STEM OPT status where as my wife is on F-2 visa which expired last year. Both her and mine I-20's are valid till Aug 2018. My H-1B application has been picked up in lottery this year and change of status is in pending status. I haven't filed change of status to H-4 for my wife yet. My wife has got admission in a university for her masters. Now, we want to apply for change of status for my wife from F-2 to F-1 so that she can study and work as a teaching assistant. As my NIW petition (I-140) is pending and I have included her in my I-140, will this be a problem for her to change of status from F-2 to F-1 here in the US and/or applying for F-1 visa from my home country? Will this change of status from F-2 to F-1 while I-140 is pending be considered as visa fraud? I'd appreciate your advice. Thank you. Link to comment
pontevecchio Posted May 11, 2017 Report Share Posted May 11, 2017 Which is your country of birth? Link to comment
mushal Posted May 13, 2017 Author Report Share Posted May 13, 2017 On 5/11/2017 at 10:24 AM, pontevecchio said: Which is your country of birth? Nepal Link to comment
pontevecchio Posted May 13, 2017 Report Share Posted May 13, 2017 Have you not filed for AOS/EAD/AP with the I-140? Link to comment
mushal Posted May 14, 2017 Author Report Share Posted May 14, 2017 No, I haven't filed AOS yet. Link to comment
pontevecchio Posted May 15, 2017 Report Share Posted May 15, 2017 Her chances of getting the F1 visa depend on the integrity of the college. Worst case she studies in H4 status and if your I-140 is approved you can file for AOS for both. Link to comment
mushal Posted May 17, 2017 Author Report Share Posted May 17, 2017 On 5/15/2017 at 5:46 AM, pontevecchio said: Her chances of getting the F1 visa depend on the integrity of the college. Worst case she studies in H4 status and if your I-140 is approved you can file for AOS for both. I am wondering if there will be problem when will file I-485. Link to comment
pontevecchio Posted May 17, 2017 Report Share Posted May 17, 2017 There should not be any problem. Make sure to use a lawyer to file the AOS. Link to comment
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