Spouse on f1, I-140 filed but h1 expired. What are our options?


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Posted

Hi,

My h1b visa expires mid January 2017, my wife is on F1 visa pursuing her PhD. We were considering applying for my COS to F2? My company had filed for my I-140 but we don't expect it to go through in time. Will this be a problem withmy F2 application and what are our options in being together?

Thank you.

Posted
6 hours ago, shekar11# said:

You can apply for F-2. 

That won't work because he has a pending I-140, i.e., he has immigration intent, which isn't allowed for the F1 or F2.

 

Posted

Premium processing is not an option given some details of the i-140 application. We do not have a lawyer at the moment except the one retained by my employer for the green card. We are doing the F2 COS on our own. Do you recommend we get a lawyer for the COS?

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