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Is student spouse eligible for a family based GC?

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  • Is student spouse eligible for a family based GC?

    I am new to the forum. I was actually going to talk to an attorney when a friend suggested that I try this forum first; he highly recommended this place

    My spouse is currently on H-4 while I am on H-1B. My I-140 is in progress. My wife wants to work here while studying and we are considering getting her a student visa. My question is, if we convert the H-4 into a student visa, would she still remain eligible for a GC when the time comes for I-485?
    If any more information is required to answer the question, please reply to this post and let me know. Thanks for your time for reading this post.

  • #2
    Originally posted by asarkar View Post
    I am new to the forum. I was actually going to talk to an attorney when a friend suggested that I try this forum first; he highly recommended this place

    My spouse is currently on H-4 while I am on H-1B. My I-140 is in progress. My wife wants to work here while studying and we are considering getting her a student visa. My question is, if we convert the H-4 into a student visa, would she still remain eligible for a GC when the time comes for I-485?
    If any more information is required to answer the question, please reply to this post and let me know. Thanks for your time for reading this post.
    Who will file the petition for GC ? Who will be the principal beneficiary ?
    "TO GOD BE THE GLORY"

    F3 Watch List for active members

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    • #3
      Originally posted by mtouch View Post
      Who will file the petition for GC ? Who will be the principal beneficiary ?
      My employer is filing GC. I will be Principal Beneficiary.

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      • #4
        Originally posted by asarkar View Post
        My employer is filing GC. I will be Principal Beneficiary.
        When you get the GC your wife will also get GC as your derivative beneficiary.
        "TO GOD BE THE GLORY"

        F3 Watch List for active members

        aaydrian = June 7, 2002
        dsz = Sep 3, 2002 / rupen = Sep 22, 2002 / mtouch = Sep 24, 2002
        S&MN = Oct 23, 2002/ taz70 = Nov 2, 2002

        zikh = Jan 10, 2003
        Feb2003 = 2/11/2003/clearvision=2/23/2003
        diva / sasif / pike = March 2003
        Puddy = April 2003
        hfsitumo2001 = May 22, 2003 / tabby = May 19, 2003
        Imran123 = Aug 2003
        butter = Nov 23, 2003

        chsingh = June 2004
        krish_84 = Nov 2004 / zaga14 = Nov 8, 2004

        Comment

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