Question - unlawful presence in AOS

Q1. Suppose, if the husband is on H-1B and spouse is on H4. Husband has filed I-485, spouse name was not included. Now if husband switches to AOS Pending...what will be H4 status? Unlawful presence? Q2. When she is out of status because he is no more on h1.. can she file for COS to F1?

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ANSWER: 

A1. As I see it, the wife will be out of status right away and unlawfully present if USCIS revokes her H-4 or her I-94 expires.


A2. It is within the discretion of USCIS to grant COS even when an individual is out of status, but they exercise the discretion favorably in rare cases.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

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