Wife's f1 ending in feb and i485 date is current

[jainanshuman]

Hi,

My wife's F1 visa is ending on 15th feb 2012 and she hasn't got a job yet. So we are thinking of filing I-539 for F1 to H4 Change of Status. Our priority date is current too so should I wait to file I485 till she gets her H4 or can I immediately file I-485 after filing I-539.
Please help as I am very confused.

Thanks
AJ

[rxd9507IV]

Hi,

My wife's F1 visa is ending on 15th feb 2012 and she hasn't got a job yet. So we are thinking of filing I-539 for F1 to H4 Change of Status. Our priority date is current too so should I wait to file I485 till she gets her H4 or can I immediately file I-485 after filing I-539.
Please help as I am very confused.

Thanks
AJ
I am confused and senior folks like Teddy might answer this one better.
Why are you not filing for AOS.? Going to H4 is not interesting at this stage and takes too long. You might get lucky and get Ead right away and pending AOS is a valid status as well.

Also you could get her opt/cpt etc stuff or 29 moths extension.