Filing I140/I485 concurrently?Spouse on F1

[rpk83]

I will be applying for Employment Based green card (EB 1) as I am a multinational Manger . Would also like to include my spouse in the process. He is currently entering the US in July on F1 Visa to enroll into full time masters for 2 years My employer can file for a green card anytime

I would like to understand the following 1) Can my spouse continue in F1 status and be eligible for internship and OPT until the green card is received 2) Is there any consequences to his present status (F1) because we are going to process his green card? 3) Can he obtain EAD/H1 after his education if the green card is still pending

We don't want to get into a situation where he has lost his privilages as a F1 student because he has applied for green card.Please advice

[Belle]

The answer is yes to all of the questions. One should not try to get an F1 visa outside of the US while AOS is pending and probably try to extend F1 in the US. Basically, you can use what you have left on F1, but then you are in AOS. If the AOS is denied, it is advisable to talk to a lawyer about continuing on F1 (and it is possible with a good lawyer).