H4 to F1 and GC processing

[crk]

Currently, I am on H4 visa status and so will need some clarifications
regarding visa status for pursuing MS degree program. My husband on
H1 visa status has Green Card application filed by his company. He is in the first stage .ie.
Labour Clearance of Green Card processing. It would be helpful if anyone experienced in these matters could help me in deciding whether to
apply for conversion to F1 visa status or pursue the graduate program on my
current H4 visa status by answering the following questions:
1) Is it ok with respect to his pending GC processing if I proceed with the
conversion to F1? In other words, is it possible for adding me to his GC
(I-485, I-140) application petition in the future, if I am in F-1 status
then?

2) If for any reasons, my F-1 application is rejected, will I fall back to
H-4 status or does that invalidate my status?

3) I am aware that traveling on F1 may pose some risk (i.e intent to immigrate on F1) to GC processing? However will that apply otherwise. Do you see any other risks associated with the conversion?

4) In what stage of GC processing do I get included ? If it is only in I-485 stage, then how long can we
delay I-485 application after I-140 is approved in case we do not opt for concurrent processing. I am asking
this to understand whether I will have enough time to convert from F1 to H4 if you think it is less risk being on
a H4 than F1 at the time of including my name in I-485 application petition.

Thanks

[callbala]

Recently, my wife converted from h4 to f1. We are also in similar situation as you. My GC is in process(1st stage). There is no problem in applying f1. but make sure to apply from the US itself. if you go to your home country, it will likely be rejected.
Let me know if you have more questions.
callbala@gmail.com

[balajik]

hi callbala
could you tell me how you prove in a letter to the USCIS that you intend to return to home country when you apply for the H4 to F1 status change? my wife wants to do the same and it may be hard to prove it since I am on H1B and have just started working in the US. will they not say that you the applicant is likely to remain in the US because of the husband?

[rksenthil]

Dear Folks,

I have a tricky situation here. Hope some of you can help me out. I brought my wife to US in Apr'05 in H4 visa while last stage of my GC was in progress. It so happened, before I could apply I-485 for my wife, my GC got approved. Some people say my wife is out of status now, and cannot apply for I-485 either and She has to get a F1 or H1B1 to stay in this country.
Could anyone give some insight / thoughts to help this situation.

Thanks a lot.