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TOLLING period issues related to GC process
BACKGROUND
I'm on H1-B status. My wife is currently staying with me in the US. She arrived in the US last April 2006 on a B1 visa and was given an I-94 for a valid stay up to May 2006. She applied and got an approval and a new I-94 from USCIS for an extension of stay up to June 2006. By the end of May 2006 and still on B1 status, she applied for an F1 visa. While waiting for the results of her F1 application, we got married in Nov 2006 and she applied that same month for an H4. Up to now Feb 2007, she's still waiting for the results of her F1 and H4 applications.
QUESTIONS RELATED TO GREEN CARD (GC) PROCESSING
1. Can I include her in my GC application (I-140, I-485, I-765, and I-131) even if her current nonimmigrant status is B1 and she's still waiting for the results of her F1 and H4 applications?
2. Do the tolling periods for her F1 and H4 applications allow her to stay legally in the US even though her I-94 was only valid up to end of June 2006?
3. If I include her in my GC application now and later we find out that her F1 is disapproved while GC processing is ongoing, will her GC application be disapproved?
4. If not, does she need to immediately go back to our home country if her F1 is disapproved and wait there instead for the results of her H4 and GC applications?
5. If her H4 is approved and there are no results yet on her F1, will she still be on status, and therefore not negatively affect her GC application?
I'm on H1-B status. My wife is currently staying with me in the US. She arrived in the US last April 2006 on a B1 visa and was given an I-94 for a valid stay up to May 2006. She applied and got an approval and a new I-94 from USCIS for an extension of stay up to June 2006. By the end of May 2006 and still on B1 status, she applied for an F1 visa. While waiting for the results of her F1 application, we got married in Nov 2006 and she applied that same month for an H4. Up to now Feb 2007, she's still waiting for the results of her F1 and H4 applications.
QUESTIONS RELATED TO GREEN CARD (GC) PROCESSING
1. Can I include her in my GC application (I-140, I-485, I-765, and I-131) even if her current nonimmigrant status is B1 and she's still waiting for the results of her F1 and H4 applications?
2. Do the tolling periods for her F1 and H4 applications allow her to stay legally in the US even though her I-94 was only valid up to end of June 2006?
3. If I include her in my GC application now and later we find out that her F1 is disapproved while GC processing is ongoing, will her GC application be disapproved?
4. If not, does she need to immediately go back to our home country if her F1 is disapproved and wait there instead for the results of her H4 and GC applications?
5. If her H4 is approved and there are no results yet on her F1, will she still be on status, and therefore not negatively affect her GC application?
