Question - Change of status from H4 to F1

[funnymist]

Hello,

 

I am currently on H1B visa, have an approved I-140, and waiting for priority date (Aug 2010) to apply for I-485 (My plan is to add my wife as dependent while filing for I-485). My wife is currently pursuing masters at one of the US universities (will be graduating Dec' 2015) on her H4 visa. We are thinking of applying for change of status from H4 to F1, so that she can do internship and OPT later after graduating.

 

Question:

Is it a good idea to proceed with change of status from H4 to F1 while we wait for I-485 priority date?

If she switches to F1, can I add her as dependent while filing I-485?

Would it have any affect on GC processing? (As F1 is a non-immigrant visa)

Is it ok to travel out of country after she gets her F1 visa..?

 

Please share your thoughts and thanks in advance.

 

 

[ashuneel]

your wife can file COS to F-1.

You can add her to I-485 later.

No effect on GC.

She can travel out of country but needs visa stamp in F-1 category.

Stay away from internship/ CPT if it is not required by school. OPT is fine.

[zoofi77]

yes there are no issues at all. You are good to go. Only thing that you should keep in mind while doing all this is not to allow your wife to work on CPT once she is on F1. CPT is being abused these days and USCIS assumes it to be illegal when you apply for any kind of benefit with the USCIS. She can complete her studies and then apply for OPT or if she has Bachelors or masters degree she can apply for H1B

[funnymist]

Thank you both for your quick response.

 

Can you please provide more information on why Internship is considered bad during F1 period? Is it because the student gets paid. Are there any instances of getting into trouble for doing internship or CPT while in F1 (from H4)?

 

What I am trying to understand is "Is it ok if she does unpaid internship?" - if getting paid is the only issue. Please let me know if you have any insights.

 

Appreciate your time.

[ashuneel]

Paid or unpaid internship/CPT is under microscope after fraud universities  have misused it. It has to be part of course work. Graduate students generally do not get credits for CPT unlike undergrad/bachelor degrees. If USCIS determines that internship/CPT was done for earning money and not getting real training you are doomed.

Unfortunately people with good intentions have to pay the price for misdeeds of others. these include fake internships, shady consulting companies.