Immigration Site

Hi,
I know many people might have asked same question but I did not get clear answer from anywhere.

I have my I-140 approved and waiting for date to apply I-485.

My wife has got admission and planning to get into F1.
My question is will she be eligible to be added in my I-485 process when it opens up if on F1?
Or she has to stay on H4?

Please suggest since I ont want her to fell in status issues later.

Thanks,

I dont see any advantage to her getting an F-1, and with your approved I-140 its likely it might be denied.

Yes, she can file I-485 as a derivative beneficiary when she is on F1.

If you are on H1B and she is on H4, why would she switch to F1 anyway? She can study on the H4, and many states allow people on H4 to qualify for the lower in-state tuition rate, but none will allow the in-state rate with F1. And H4 doesnt require full-time study; she can switch to part time or skip a semester whenever she wants to. Whereas the F1 requires full time study (except in the summer break and in the last semester).

Then once you both file the I-485, the pending I-485 would continue to keep her in legal status to study, no F1 necessary.