Change of Status Dilema

[desi_h1b]

All,


I am on H4 visa since May 2009 (Never Applied for H1 B ).Since H1 b CAP count has reached , i dont have any other option but wait till april 2010 to apply for H1 B and if it gets approved i have to wait till Oct 1 for my H1 b to be effective . with above scenario , i would be losing about 1 year (till oct2010).

my thoughts are to get started by enrolling in to a school for a Graduate degree

can any one help me with the following questions

1.can i go to school on H4 visa .

2.Do i have to change my visa to F1 from H4 before going to school.It may not be useful for you guys to know this but ,My husband has recently started his Green Card Processing..

3. while on (F1 or H4 ) and going to school , if i find a job based on non US bachelor's degree + 2 years of Software experience .can i change my status to H1 from (F1 or H4) and discontinue my Graduate Studies and start working


Thanks in advance

[shervin143]

1.Can i go to school on H4 visa .
>>>> Yes, you can.

2.Do i have to change my visa to F1 from H4 before going to school.It may not be useful for you guys to know this but ,My husband has recently started his Green Card Processing..
>>>> That depends on the school that you apply to. Some schools consider only students in F1 status.

3. while on (F1 or H4 ) and going to school , if i find a job based on non US bachelor's degree + 2 years of Software experience .can i change my status to H1 from (F1 or H4) and discontinue my Graduate Studies and start working
>>>> Yes. You need to wait for the H1B approval and can start working only from the effective "Valid From" date in your new I-94 that comes with your COS.