F1 to EAD. Possible issue

[siddharthagb]

Hi. My wife is in her 4th year of her Phd program and planning to go from F1 to EAD which we applied together at the beginning of this year. EAD offers more flexibility than F1 at this stage. While discussing this with her college's international student department, they mentioned all is good but that in case my(primary) 485 application run into some issues, she might have problem in getting her F1 status back. FYI, i am in a fulltime position in some insurance company and hopefully run low risk for a 485 rejection. My question is, assuming my 485 is rejected/denied or some issue, what are the option for my wife to complete the course? if not F1, can she apply any other visa to complete her course? She should be completeing her course by mid to end of 2013. I am EB2, PD Feb/2008. Thanks in advance.

[pontevecchio]

Firstly it is rare for AOS to be denied in the absence of fraud and certainly if you have never been out of status. Secondly if there is a notice of intent to deny you can drag it along with appeals till 2013.

[siddharthagb]

Thank you pontevecchio. Looks like she is good to change to EAD without much issue. Yes, i am never out of status and I also plan to maintain my H1 till i get my AOS approved. Thanks.