Impact of Full-time CPT on GC AOS as Dependent (Spouse of Primary I-140 beneficiary)

[shenaya334]

My husband has just 2 months left on his OPT and he did not get his H1-b in the lottery so he is looking to go to Goldey Beacom College for a day-one full time CPT. He already completed his masters degree last year and has been working for a renowned multinational company since then on OPT, now he will enroll in a 2nd MS program to get CPT work authorization. On the other hand I am on H1-b visa and my employer is going to file for my EB-3 based I-140 shortly. After my I-140 gets approved, will his full-time CPT adversely affect his or mine I-485 AOS by getting us an RFE or denial? Also if he files for an H4 based EAD after I-140 approval will he get an RFE for that too? I am concerned because people who work full-time on day-one CPT get RFEs when they file for H1-b later on, does that mean we can get RFE on our AOS too? Any experiences or suggestions will be very valuable.
Thanks.

[kelvinky]

My husband has just 2 months left on his OPT and he did not get his H1-b in the lottery so he is looking to go to Goldey Beacom College for a day-one full time CPT. He already completed his masters degree last year and has been working for a renowned multinational company since then on OPT, now he will enroll in a 2nd MS program to get CPT work authorization. On the other hand I am on H1-b visa and my employer is going to file for my EB-3 based I-140 shortly. After my I-140 gets approved, will his full-time CPT adversely affect his or mine I-485 AOS by getting us an RFE or denial? Also if he files for an H4 based EAD after I-140 approval will he get an RFE for that too? I am concerned because people who work full-time on day-one CPT get RFEs when they file for H1-b later on, does that mean we can get RFE on our AOS too? Any experiences or suggestions will be very valuable.
Thanks.

My wife attended GBC because she did not get selected in lottery. She subsequently got selected and got H1b approved but change of status denied, so she left and re-entered with H1B stamp. Ultimately she had no issues (no RFE) getting her I485 approved as my dependent (I was EB3). You should certainly read up on section 245k for employment based I485.

That said, your situation appears slightly different from mine. I see two possible options:
1. You/your employer pays the premium processing fee for I-140 and he changes his status to H4 + H4 EAD so he can work immediately, and file I485 in the future. This is probably the safest route.
2. Attending GBC is not an issue by itself as he should still be in valid F-1 status until an immigration finding says otherwise (day one CPT raises red flags). This gets tricky because that immigration finding might occur while adjudicating his I-485 which will result in him not having any basis to adjust status resulting in I485 denial.
For example, his employer files for H1B in a year and his I-485 is pending. H1B results in approval but F-1 status becomes invalidated, which invalidates the I485.
Alternatively the F-1 out of status may occur with an I485 RFE, but i know a GBC student who got I485 approved (family based, dependent) so this may not be an issue.

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My husband has just 2 months left on his OPT and he did not get his H1-b in the lottery so he is looking to go to Goldey Beacom College for a day-one full time CPT. He already completed his masters degree last year and has been working for a renowned multinational company since then on OPT, now he will enroll in a 2nd MS program to get CPT work authorization. On the other hand I am on H1-b visa and my employer is going to file for my EB-3 based I-140 shortly. After my I-140 gets approved, will his full-time CPT adversely affect his or mine I-485 AOS by getting us an RFE or denial? Also if he files for an H4 based EAD after I-140 approval will he get an RFE for that too? I am concerned because people who work full-time on day-one CPT get RFEs when they file for H1-b later on, does that mean we can get RFE on our AOS too? Any experiences or suggestions will be very valuable.
Thanks.

My wife also attended GBC because she did not get selected. Her H1b was approved but change of status denied, so she left and re-entered with H1B stamp and had no issues getting her I485 approved as my dependent.
Your situation is slightly different, and I see two possible outcomes:
1. Your safest bet is to apply for I140 in premium, and get your husband on H4 + EAD so he can start working. This is the safest option
2. Read up on section 245k for employment based I485s. Attending GBC by itself is not an issue as I know a person who got I485 approved as dependent (family based) while attending GBC due to the lottery. The problem arises if the H1B application next year gets approved but F1/change of status is denied, which invalidates the I485.