Memphis immigration lawyer Ari Sauer provides news and information on US immigration law.
QUESTION:
THE IMMIGRATION ANSWER MAN:
H-4 status is for spouses of H-1B nonimmigrants. If your spouse will be continuing as an H-1B nonimmigrant and you are planning on remaining married, then there is no need to change your status to become an F-1 (student) nonimmigrant. While the F-1 status does allow you to attend SEVIS authorized schools, so do many other statuses. As an H-4 nonimmigrant, you are eligible to attend school, even though you are not eligible for employment authorization. In fact, as an H-4 your options for educational programs are broader, since you are able to attend schools that are not on the SEVIS list and you are not required to take a full course load. Also, as an H-4 you can change schools without having to receive SEVIS authorization first.
For more information on the F-1 student visa and SEVIS, visit http://www.visalaw.com/03jan3/2jan303.html and http://www.visalaw.com/03jan4/2jan403.html
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* Due to the volume of questions received, not all questions can be answered. On this blog we answerquestions as a service to our readers, but we cannot assume any liabilityrelated to reliance on anything herein, and responses to questions are notintended to establish an attorney-client relationship. Immigration laws andregulations are constantly changing. Readers are cautioned to schedule aconsultation with an immigration lawyer before acting on anything stated inthis blog. This blog is not intended to substitute for a consultation with aqualified immigration law attorney. Ari Sauer is licensed to practice lawthrough the states of New York and New Jersey.Certification as an Immigration Specialist is not currently available in Tennessee, New York or New Jersey. SiskindSusser limits its practice strictly to immigration law, a Federal practicearea, and we do not claim expertise in the laws of states other than where ourattorneys are licensed.