Legal Question in Immigration Law in California

H1B and H4 for fiscal year 2006

I have a master Degree from a US school and now I am holding an F-1 visa working toward my Ph.D. degree. I am thinking about get a full-time job and do the Ph.D. part-time (or quit the Ph.D.). Get a job offer from a company that sponsers H1B is not a problem for me. My questions are:

1) Can I still get H1B if I apply in late November?

2) My wife just got an F2 visa and came to United States to live with me earlier this month. Will it be a problem for her to change her status from F2 to H4 right after she got the F2 and came to U.S? Do we need to apply H1B/H4 together or do I need to get an H1B first and then apply the H4 for her?

3) If I cannot get the H1B for FY2006, is my F1 visa still valid?

Thanks


Asked on 10/22/05, 6:09 am

2 Answers from Attorneys
Baoqin Wang Law Office of Baoqin Wang

Re: H1B and H4 for fiscal year 2006

There are still H1B numbers available for those who have a US master's degree. But no one can predict whether the numbers are still available by the end of November.

Your wife can apply for H4 with you when you apply for H1B. That's not a problem.

If you keep your F1 status while H1B is pending, you will still be in F1 status if your H1B is not approved.

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Answered on 10/24/05, 1:29 pm
Emilia Muokebe 1131 E Main Street

Re: H1B and H4 for fiscal year 2006

In general, you may apply to change your non- immigrant status if you were legally admitted to the US and your NIV status remains valid, and you have not comitted any crimes that would make you ineligible.

Yes you can apply for H-1B Visa. The H-1B numbers remains for both fiscal year 2005 and 2006 for graduates of US masters or above programs.

Yes you can apply at the same time for your wife.

If your H-1b is denied and you are still in F-1 status, that is no problem you can keep your F-1 status.

The material is for informational purposes only and does not constitute legal advice. The information contained herein is not intended to create and does not create an attorney-client relationship between you and Chambers & Muokebe

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Answered on 10/24/05, 1:37 pm


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