Applying GC for spouse who is on H4 and has applied for F1

[quest2016]

Hi,

Could you please provide some clarity/advice on the steps for the below case?

 

I am currently on H1B and my husband is on H4 (visa is valid thriugh May 2015)

My husband will be starting with university in the fall (next week) and has applied for F1 (COS) last month. 

My employer has also just provided confirmation on my EB1 eligibility for green card filing.

Hence I am planning to initiate GC for myself and my husband (my company would be able to file it in another couple of months).

 

1) What do you suggest in terms of GC application hurdles, given that my husband's F1 visa is under process? Can we apply a GC for him and mention his status as H4? Or do we have to wait until we get a confirmation on hi F1 visa, and then file the GC and mention his status as F1? 

2) In case we do file the GC after his F1 is approved, then does USCIS consider it a violation of F1 laws, given that F1 is a non -immigrant intent visa?

 

Please help! This is very critical and I need to make a decision on this at the earliest!

Appreciate any thoughts on this.

 

[pontevecchio]

In view of the critical nature of your situation please give the firm of Murthy a call now and discuss ways to approach the matter. Or give your employers lawyer a call and explain the situation.