Apply for i485 3 months later for F1 wife

[Ik1983]

HI

My I140 has been approved in EB2 ROW. My PD is 3/10/2014, so I am current.
My wife entered US in 05/2013 on H4. Her status changed to F1 on 09/2013 and she is graduating on 05/2016.

She is travelling to India on 12/8/2015 and returning on 1/5/3016. Can i just file my I485 now and file my wifes I485 later when she returns from India?
Will this cause her any trouble during port of entry? When will she be eligible to apply when she returns to not show fraudulent intent?

Will she be able to work on campus once her I485 is applied and get paid?

[newacct]

HI

My I140 has been approved in EB2 ROW. My PD is 3/10/2014, so I am current.
My wife entered US in 05/2013 on H4. Her status changed to F1 on 09/2013 and she is graduating on 05/2016.

She is travelling to India on 12/8/2015 and returning on 1/5/3016. Can i just file my I485 now and file my wifes I485 later when she returns from India?
Will this cause her any trouble during port of entry? When will she be eligible to apply when she returns to not show fraudulent intent?

She's not supposed to enter on F1 visa with intent to file Adjustment of Status once she gets here. She can enter on H4 visa with no problem.

Will she be able to work on campus once her I485 is applied and get paid?

No. She needs an EAD or green card to work.

[Ik1983]

She works 20 hours a week right now. Will she be able to continue doing this once i485 is applied?

[Ik1983]

Why can't she enter on F1. Is it not allowed by law or is risky? She already has F1 stamp btw

[newacct]

She works 20 hours a week right now. Will she be able to continue doing this once i485 is applied?

Filing of I-485 has no effect on employment authorization. She can file I-765 for EAD and I-131 for AP for free at the same time as filing for I-485. The EAD will be received within 90 days after applying.

Why can't she enter on F1. Is it not allowed by law or is risky? She already has F1 stamp btw

Because she intends to use the visa to immigrate. F1 does not allow immigrant intent.

[dev199108]

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