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tallapa · Jun 19, 2008, 01:54 PM

I and my husband are currently on H1B visa (both of us actively employed with paystubs and everything). I intend to start my Masters in Fall; and instead of applying for F1, we decided its best to study with H4 visa for some reasons (which I don't want to discuss here for making this post a brief one). I checked with University and they said they allow full-time enrolment with H4 visa.

My question is - can I start studying full-time while my H4 status approval is still pending with USCIS?

Appreciate your help.

Thank you.

lawanwadee · Jun 19, 2008, 02:40 PM

You can become a full time student on H-4 but you won't be eligible for OPT unless you change your status to F-1.

If you're currently outside US, you must enter US on H-4... and if you're already in US, you must wait until H-4 is approved.

tallapa · Jun 19, 2008, 02:50 PM

Originally Posted by lawanwadee

You can become a full time student on H-4 but you won't be eligible for OPT unless you change your status to F-1.

If you're currently outside US, you must enter US on H-4... and if you're already in US, you must wait until H-4 is approved.

Wow - the immigration coordinator at the university didn't know this; how strange - I counted on this option and almost decided to file for change of status to H4, in which case I wouldn't have been able to start the school. Anyway, thanks much for help.

tallapa · Jun 20, 2008, 09:01 PM

Hi lawanwadee - I checked with another immigration attorney and they said I can start the school full-time even as the COS status (to H4) is pending with USCIS. He said that USCIS is not as strict when it comes to attending the school rather than the employment.

The same was confirmed by another university's intenation student affairs office.

Originally Posted by lawanwadee

You can become a full time student on H-4 but you won't be eligible for OPT unless you change your status to F-1.

If you're currently outside US, you must enter US on H-4... and if you're already in US, you must wait until H-4 is approved.

lawanwadee · Jun 20, 2008, 10:47 PM

Originally Posted by tallapa

Hi lawanwadee - I checked with another immigration attorney and they said I can start the school full-time even as the COS status (to H4) is pending with USCIS. He said that USCIS is not as strict when it comes to attending the school rather than the employment.

The same was confirmed by another university's intenation student affairs office.

Did they tell you about consequences that might occur in the future in case you file for greencard?
If you just want to complete the term and return to your home country, it's fine.

tallapa · Jun 21, 2008, 10:33 AM

No. Would you please clarify? Thanks

Originally Posted by lawanwadee

Did they tell you about consequences that might occur in the future in case you file for greencard?
If you just want to complete the term and return to your home country, it's fine.

tallapa · Jun 24, 2008, 12:39 PM

Hi lawanwadee - Requesting you once again... would you clarify the green card implications of starting full-time study while H4 application is pending approval?

Originally Posted by tallapa

No. Would you please clarify? Thanks