My wife and I are applying for green card now. I am the primary applicant under NIW category. The I-140 with PD in Dec. 2005 was approved. We submitted 485 in June, 2007 and the cases are still pending. Currently both of us work at universities and have H1b visa. We have several questions regarding our application. First, I plan to go back to school this fall and the major is a little
bit changed from my original NIW application field (from immunology to
pharmacy), what kind of status should I keep? Do I need to apply for
H4 to keep legal status or even without any visa I still can go to
school as AOS status? Since the major I'm going for is a little
different from original NIW field (immunology to pharmacy) and I will
be a student instead of a researcher, is there going to be a problem
for my 485 application? Secondly, we are planning to go back to China
for a visit this summer and use AP to come back. Is there going to be
a problem for our legal status in US if our 485 case is denied in the
future because of field change? Will my wife's H1b be still valid
after she uses AP? How about my status after using AP? Another
alternative way we are thinking is that we can apply for H1b visa at
US embassy to come back without using AP and only use AP as safeguard
in case that our H1b visa application got denied. Is this possible? Thank you very much.