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
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.