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  #1 (permalink)  
Old 04-23-2012, 07:13 PM
Junior Member
Priority Date
:
Feb-10
Category
:
EB3
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
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Join Date: Aug 2010
Posts: 16
danctbi is on a distinguished road
Default Studying on EAD

hi

I did not see any existing post on this, if you know similar question has already been asked please let me know.

I am on H1 and my wife is on F1. our 485 is pending from last few months. Now she wants to join another school B. School B does not want to issue i - 20, i.e. they only either want GC or Citizens to join their school with only few exceptions.

Options we have is join the school on EAD or transfer from F1 to H4.

Questions.

1. Is it ok to study on EAD. We will be doing F1 to H4 without informing school B. In the mean time is it ok to study on EAD.
2. Should we inform about F1 to H4.
3. Is it true that either on EAD or H4 they do not have to issue i-20.
4. Are there any other options.

Thanks in advance
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  #2 (permalink)  
Old 04-23-2012, 08:21 PM
Senior Member
Priority Date
:
May-06
Category
:
EB2
I140 Mailed Date
:
08/02/2006
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
07/27/2007
Compare
Join Date: Apr 2006
Posts: 417
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Default

Quote:
Originally Posted by danctbi View Post
hi

I did not see any existing post on this, if you know similar question has already been asked please let me know.

I am on H1 and my wife is on F1. our 485 is pending from last few months. Now she wants to join another school B. School B does not want to issue i - 20, i.e. they only either want GC or Citizens to join their school with only few exceptions.

Options we have is join the school on EAD or transfer from F1 to H4.

Questions.

1. Is it ok to study on EAD. We will be doing F1 to H4 without informing school B. In the mean time is it ok to study on EAD.
2. Should we inform about F1 to H4.
3. Is it true that either on EAD or H4 they do not have to issue i-20.
4. Are there any other options.

Thanks in advance
As soon as you filed your I-485, your status and your wife's status has changed to AOS (Adjust of Status). Her F1 status is no longer valid. *DO NOT* try to apply for F1 (or I-20) again - it will mean that you are showing intent to abandon your I-485. Only certain non-immigrant visas/ status like H1/ H4, L1/ L2, and some fiancee visas allow for dual intent - i.e., they can be on that visa and extend it without affecting the I-485 application. F1 is not one of those visas.

NOTE: I am not well versed in immigration matters and the above is only based on what I have read in other forums and from my understanding of how immigration matters work - please consult an immigration lawyer to get proper guidance. International Students Advisers are usually not very well versed in F1 to I-485 related matters unless they are immigration attorneys (and a few schools do have such people).
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