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All other Green Card Issues I-140/I-485, Family Based Green Card

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Old 06-03-2009, 05:55 PM
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Join Date: Jun 2009
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Saanj is on a distinguished road
Default I-40 application - Implications on derivative F1 spouse


I am an F1 student (7th year) in a PhD program hoping to finish in a year or so. My husband is an H1B employee. His PERM has been approved recently. His lawyers are in the process of submitting the I-140 application. It seems that being married he is "obliged" to include my name in the application form and that there is no way for me to opt out of this entire GC process. I am concerned about its implications on me as the F1 doesn't permit dual intent. Here are a few of my questions:

1. Will I be able to get an OPT after graduation? Will I be eligible for visas such as J1 for the purpose of a postdoc or F1 if I choose to pursue study in another discipline or will I only be eligible for H1/H4 visas?

2. How risky would it be to travel abroad after my husbands I-140 application is submitted? Can an officer at the POE prevent me from entering the US although I am not the one filing the immigration petition?

3. Does the application of my husbands I-140 (which compels him to include my name) indicate "dual intent" on my part? Note that it seems I have no choice but to be included in the I-140 form as it asks to list the name of one's spouse.

I am very concerned and would be very grateful if anyone who is more well informed than me can assist me in any way. Thank you very much for your time!
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