H-4 or F-1

[motirani]

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Hi,

I wanted to see if the intelligent people on this forum can provide me some guidance. I am studying in a dental school scheduled to graduate in May' 14. I am an Indian citizen and am on an H-4 visa. We just started our Green Card process and it will take years before we get it.

My question is - should I stay on the H-4 or move to an F-1 visa? If i stay on H-4, I will have a gap before I can start employment on an H-1.

If I am on F-1, I can get OPT and start working immediately after graduation.

I dont know the pros and cons of either. Experienced people, please provide me guidance on how I should approach this.

Thanks a lot

 

[smilemeter]

I think F-1 is definitely a better bet the reasons amount to the same that you have outlined already !

 

[AmT]

FI is better if u want to work. But if ur priority is ur green card thn stick to h4 cuz right now you are attached to ur h1 visa holder for green card. The moment you jump to F1 you have go on ur own for green card. But people do it. After F1 u get opt like u said and thn H1 depending how sooner u find the Job and from there u can file for green card seperately. But this will also take a lot of time but it will eventually happen. I wouldn't advice you to do what I would do, it's a critical decision. Make ur own choice. One delays the green card and other delays the work. But eventually you get green card with both and u work with only one. U r smart hopefully it helps u a bit if not a lot.

 

[motirani]

Thanks for the suggestions. I have another question, maybe you know the answer. If I go on F-1 and a separate H-1 after my graduation, cant I get a green card once my husband gets it, if his is sooner. Regardless, I will have to go on an H-1 to get employment since our green cards may not come in this lifetime : ), on account of a long wait for indian residents

 

[AmT]

If your husband gets green card sooner and you on h1 or f1 that time thn he has to file for your green card application from there. (if you nOt on h4 with his h1) cuz once he gets green card his h1 status gets converted and obviously ur h4 gets cancelled cuz he is no
More on h1 (and if u on h1 or f1 independently thn u don't ve to worry abt ur h4 cancellation cuz u don't ve one )
For ur question yes he can file seperately for u but u can confirm it with some lawyer. But one thing for sure ur if U move to f1 or h1 from h4 u r out of the green card application with ur h1 Visa holder. Before making any move do consult a lawyer friend.

 

[iomega]

Whatever maybe your visa status (H1, F1, H4), your husband can include you as spouse while filing his I-485. Or if for some reason you reach that I-485 stage before your husband (assuming you convert to H1 and your employer files for your greencard), you can include your husband's name while filing for I-485.

Unlike on H4, If you are on F1 you can apply for a SSN when you get summer employment at your school.

With F1 you can apply for OPT and not with H4. (am not absolutely positive on this).

ULTIMATELY, if you do not have a greencard/EAD, you have to convert to H1 status (of course after your OPT expires in the case of F1 status) .

Hope this helps.

 

[iomega]

AmT:

Please do not provide FALSE information. How in the world a greencard holder can sponsor a greencard for another person?

 

[AmT]

I didn't say sponser. And I also said to consult a lawyer first cuz people here are not experts they talk from what they know. Thanks. Lol u r funny.

 

[advancedental]

I didn't say sponser. And I also said to consult a lawyer first cuz people here are not experts they talk from what they know. Thanks. Lol u r funny.

hi
first of all i want to know that what is your husbands category of green card if it is in EB3 then it is batter to change your status and transfer in to f1. once you finish the school then you can file your green card in your name with EB2 which is master category. If you want to work as dentist you defiantly transfer in to f1 status. you can not work in h4 visa. if you transfer in to f1 visa it is easy to do the h1 with the 20,000 student cota.
Besides that you can file separably your grren card but at the time of I -485 you can add your spouse as depended. If you want to know further detail you can email me on [email protected]
you want to take lawyer advice you can do that.But what ever i say is truth.
thasnks
i hope that this information help you.

 

[motirani]

Thanks a lot for all the input. I really appreciate it.

Advancedental: Can you please check your email when you get a chance?

Thanks again