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    Hi ,
    I am currently filing for my I-485 . My wife is doing P.Hd from an US university with an F1 visa . Now while filing my I-485 , can I insert her name also for processing her green card while she is still in F1 status? Or she needs to come back to dependant visa (H4) before I can file for her I 485 also , as my spouse ? My greencard is employment based . Let me know can I file for her I 485 as my spouse while she is still in F1 or she needs to convert to H4? and in that case what is the process to convert from F1 to H4 ? If her university says that she can continue her P.Hd. even if she converts to H4 , then do we require to go outside USA and restamp her passport for H4?and will there be any problem to restamp her passport for H4 since she is now midway of her P.Hd. with F1 visa?The best thing for us is if I can file for her I 485 when she is still in F1 ...but since F1 is a non-immigrant visa , i am not sure that's possible or not . many people r saying many confusing things .
    please help me out ....

  • #2
    she can file for AOS while on F1 there is no requirement that she be your dependent. it is called a derivative not dependent filing, because her ability to file is on the basis of being your wife which she is even on F1.

    The only problem is that if she leaves the country then she will lose her F1 immediately and will have to use AP/EAD or H4

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