I've following questions regarding my wife. Little back ground here. I'm on H-1B in US and my wife is on H-4 latest entered in US on 25 Dec 2016. She would like to study for a Doctoral program PhD in science.
1- If we change her visa status from H-4 to F-1 she will be able to do internship under professor in university which I would like to do. How much time it will take for change of status?
2- My company is in process of applying Green card and potential PERM ETA 9089 Certified date is July 11th 2019. When we file I 140 Should we include my wife as a dependent while she is in process of changing her status to F-1 visa.
3- How much time will it take to get EAD approved after application and the chances/ reasons of denial and how soon I can apply for my Wifes EAD is that soon after I got approved I 140?
4- Should I keep her status to F-1 while she is working in campus along with her studies and apply for her EAD?
Could you please guide me the best possible options I've here for her.
You have an attorney who is being paid to represent you. That is who you should be talking to. BTW it is unclear how anyone can predict when a 9089 will be approved and also unclear why the labor certification process is going to take an entire year.
1. Could take USCIS 5 between 9 months to process that I-539 COS application.
2. You will have to list your wife on that I-140, regardless.
3. Wife (and you) will only be eligible to apply for an EAD as part of the I-485 AOS packages you will each have filed - once the "priority date" of the PERM filed on your behalf becomes "current" for the country you were born in - Hindustan, is it? (Or you could ask for alternative state chargeability, in case wife born in a non-backlogged country).
4. (This and others) Needs to be carefully analyzed during a consultation with the "company lawyer" or an "independent" one - in private.
If my answer is the "BEST ANSWER" and/or "HELPFUL" please mark it accordingly. Fluent in 7 languages. Certified Specialist in U.S. Immigration & Nationality Law, The State Bar of California, Board Of Legal Specialization. 25 years of successful immigration law experience. The answer above is only general in nature and cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
Is this question for you or your wife. You start by saying she would like to change status and somewhere down the line it changes to "I would like to do." Very confusing.
This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. You are encouraged to seek independent and private counseling for a complete review of your case.
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