Legal Question in Immigration Law in California

I have my green card being processed by my company and also hold a valid H1B visa. My husband has a H4 visa and is planning to pursue a Master's program in the United States. What is the procedure in applying for a F1 visa for him and also how long does it take to switch over from H4 visa to F1?


Asked on 4/12/10, 2:20 pm

1 Answer from Attorneys

Ajay Arora Ajay K. Arora, Attorney-at-Law, P.C.

Hi,

Your husband would be admitted to college or university and issued Form I-20. The change of status application to F1 would be signed and filed by your husband with the USCIS and include information such as evidence that he is capable of paying the tuition, that he is maintaining his current nonimmigrant visa status (H4), that he is married to you and that you are maintaining your current H1B status, that he does not have an intention to immigrate to the U.S., etc.

Incidentally, your husband can study in H4 status, but there are advantages of being in F1 status such as ability to obtain OPT (Optional Practical Training) after completing Master's degree, ability to be employed on-campus part-time, and having a nonimmigrant visa status independent of the spouse. It will probably take between 2 and 6 months for the F1 application to be approved after filing.

You have the option to call our law firm at 212-268-3580 for additional guidance during business hours, or else send an email to [email protected] for follow-up questions.

Regards,

Ajay K. Arora, Esq.

www.h1b1.com

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Answered on 4/17/10, 6:50 pm


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