Green Card Question- Please help !!!


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I am working on H1B and my wife is on H4 visa and both our visas expire on Sep30th 2014. My employer decided to file for my green card and will file my labor by end April 2014. My first question is:

1)      At what point of Green card application process, I should ask my employer to include my wife in the Green card application process?

 

My wife is planning to do her master’s degree and will start her masters on H4 visa from August 2014. She also want to get her OPT after finishing her masters (Graduation date: may 2016), so may move to F1 visa before graduation. When my employer includes and file I140 for me and also for my wife. What status she will be in ? I140 or F1 ? Can she be on F1 while our green card processing is going on?

 

Ideally I want her to be on OPT for a year after she graduates. But I want my employer to file Green along with me. So when my employer files the I140 for her (assuming I140 is when they include my wife in my green card process) what status she will be in?

 

What is the easy solution for wife to pursue her masters and while our green card process goes on? What status best suites her case?

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I am working on H1B and my wife is on H4 visa and both our visas expire on Sep30th 2014. My employer decided to file for my green card and will file my labor by end April 2014. My first question is:

1)      At what point of Green card application process, I should ask my employer to include my wife in the Green card application process?

 

My wife is planning to do her master’s degree and will start her masters on H4 visa from August 2014. She also want to get her OPT after finishing her masters (Graduation date: may 2016), so may move to F1 visa before graduation. When my employer includes and file I140 for me and also for my wife. What status she will be in ? I140 or F1 ? Can she be on F1 while our green card processing is going on?

 

Ideally I want her to be on OPT for a year after she graduates. But I want my employer to file Green along with me. So when my employer files the I140 for her (assuming I140 is when they include my wife in my green card process) what status she will be in?

 

What is the easy solution for wife to pursue her masters and while our green card process goes on? What status best suites her case?

Your employer will not file an I140 for your wife.

When your priority date is current, during filing of I 485 for you, you should add your wife for the same and file I 485 adjustment of status on your priority date as a dependent.

 

During filing on I 485 for your wife, if she is on F1, it might cause some issues as F1 is non immigrant intent status. Better would be for her to be on H4.

 

Also I dont think your wife will be eligbile to get OPT if she changes her status to F1 in the last semister. There are certain requirements to get an OPT, ie be in F1 status as a full time student for atleast an year or so.

 

Please contact a proper immigration attorney before you decide on something.

 

Thanks,

Areddy.

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