H4 to F1 while green card in process

[kk2001]

Hi,



I am working on H1 and my wife is on H4 currently.



My employer has employed for my Green Card.



My wife is planning to study. Will there be any issue if she applies for F1 visa (since F1 visa means non immigrant intent). Also if there is an issue, will this be for F1 petition itself or is this issue only for F1 stamping?



Also will it affect her or mine GC application



Thanks

Kapil

[raghvi]

Hi,



I am working on H1 and my wife is on H4 currently.



My employer has employed for my Green Card.



My wife is planning to study. Will there be any issue if she applies for F1 visa (since F1 visa means non immigrant intent). Also if there is an issue, will this be for F1 petition itself or is this issue only for F1 stamping?



Also will it affect her or mine GC application



Thanks

Kapil

I would say yes as F1 doesnt have an immigrant intent. For a successful F1 one needs to demonstrate valid funds and eligibility as well as a reason to return back to home country, which gets negated if you parallely show a intent to permanently stay by havign a GC application on file.

This is my opinion not legal advice.