My wife is currently on H4 and studying Masters in French Literature since Spring 2008.
My company has filed green card application last year. Both I-140 and I-485 concurrently filed for me and my wife. We both have EAD cards through that process.
Working hard through 2 semesters and showing her EAD Card as ability to work, my wife has got a Teaching Assistantship starting Fall 2008. Actually its already 2 days she has started teaching french in her university.
I recently received RFE for my I140 application and most probably my I-140 is about to get denied in late September-early October. The reason is my company not having audited-reports to show after USCIS sent an RFE. It is not denied yet, my company is still sending supporting documents but most likely it will be denied.
The only option we have is to get my wife on F1. I understand that currently my I140 application , though not denied, is pending and that contradicts the non-immigrant intention of F1 Visa.
We have talked about this in my wife's university and they are ready to issue her an I-20 soon. My question is does my wife stand a chance getting the F1 visa?
Also the problem is both of our current H1-B and H4 respectively are expiring on October 1 this year. Although petition to renew these have been filed, we just have receipts of those. So we have to get her F1 stamped outside US(mostly Canada) before October 1. In case if my wife's F1 gets denied can she still come back to US on her H4 before October 1?