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Risk, spouse working when I-140 processes

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  • Risk, spouse working when I-140 processes

    My I-140 is processing since sept 2001, my wife is on student status till march (OPT)2002, then she'll be on h-4 . After march, can she still working? Is there a working visa extention we can get since I-140 is in process? I already included all her information on my application. If she continues working after march How can this affect me and my process?

  • #2
    She can not work when her OPT expires. If she does, that would be illegal.
    Once your I-140 gets approved, and once you file I-485 and EAD, she can start working again when her EAD is approved.

    Or alternatively, your wife's current employer can file her H1 before that so that she can continue working.

    Just by your I-140 in process, she does not get any preveliges to keep working!
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    • #3
      Can I file for CP/485 with wife on F1


      I am expecting to get my I-40 approval in the next 3-4 months. The lawyers tell me that my wife will have to change to H4 status for her to be added to my CP/485 application as F1 is an independat non-immigrant visa. Is this true??

      Can I not add her to my CP/485 application if she is on F1? She is still in school and her F1 is valid until Aug 2003.