H4 to F1

[dsandhu]

This question may have been asked before. If so pls point me to the link. I tried searching but couldnt find.

I am waiting for priority date of my Green card. My wife just started her masters and want to switch from H4->F1. AOS form (I-539) asks if you ever applied for GC. I wanted to know if there is a risk factor of getting AOS rejected because the candidate has applied for GC (though waiting for priority date)? How long does it take to get the AOS application processed for h4->f1?

Also our current visa (my h1b and hers h4 is expired). She got the new I-797 but I havent yet and my case is pending with USCIS . In this case, would it impact the AOS application.

Pls suggest.

Thanks!

[Attorney_25]

H-4 to F-1 is change of status (COS), not adjustment of status. It sounds like your wife has not made any application toward getting her green card. If you need more detailed information, please consult a qualified attorney.

[livliv]

Have you filed I-485? If not, your wife does not have an immigrant petition filed on her behalf and she should answer accordingly.

[dsandhu]

My wife wants to do internship while on masters and possibly work in the future. H4 wont allow that.

Yes I meant Change of status (not AOS). I included my wife's name when applying for GC phase2.

I-485 not yet filed.

thanks again for taking your time to answer my queries.