change of status from h4 to f1 while spouse perm pending

[sandy102016]

hello,

i need help for following scenario.

• wife received spring 2017 admit and planning to join initially on h4 status as not enough time to move to f1. 
• plans to move to f1 while studying, would apply immediately but might be for fall 2017 semester with start date.
• question: husband perm is in progress and employer lawyer says that her change of status will be rejected as PERM labor certification is pending. Husband next stage is i140.

can you please advise in terms of documentation that needs to be presented to ensure change of status to f1 is not impacted.  also would that cause any issues in husband GC process?

I am aware she can study on h4 but as GC process takes forever it was decided it is best to have her own status and not be bound to husband atleast until she completes her education.

[pontevecchio]

It is not so clear cut. PERM by itself is not an Immigration petition. The subsequent I-140 is one. The caliber of the university is the MAIN determinant of getting a COS to F1 and the visa stamp. No documentation about this matter is good documentation.

[JoeF]

A PERM for the spouse should not have any effect.

First, it is for the spouse, and second, having a pending or approved PERM doesn't indicate immigration intent, at least for the law.

[shekar11#]

Docs needed for change of status from H-4 to F-1.

1. Required documents for Change of Status

• Form I-539,
• $290 check payable to U.S. Department of Homeland Security. $370 if applied after December 23rd (fee has increased).
• I-901 Sevis Fee receipt,
• new form I-20,
• latest I-94,
• copy of US visa,
• Copy of passport validity pages,
• Letter of explanation as to why you need a change of status

2. Required documents from spouse & sponsor (H1-B)

• copy of H1 B I-797 approval,
• H1 B visa if unexpired,
• passport validity pages,
• employment verification letter
• Recent 2-3 bank statements,
• Recent 2-3 Pay stubs,

[GNH]

Your lawyer if he/she gave that opinion is ignorant . Only when your name is included in the 485 application will you be deemed to have immigration intent not any time sooner .