Immigration Issues/Marry as F-1 or H-1


I am an Indian citizen studying in Texas and about to graduate with a Bachelors or Electrical Engineering by December 2008. I found a job in my field of study and will be working with the company from January 2009 on my OPT, the company will apply for my H-1B visa. Now my question is, My fiance is an American Citizen and since I have enough time between graduation and joining my work, we decided to get married in December of 2008. How will that affect everything since now I am on F-1 visa. If I marry in December of 2008, should I notify my company to not apply for my H-1B visa? or do we have to delay our marraige until I receive my H-1B. What would be the best solution.

You have different options, you can get married and file for your green card. During the application process you can file for your Work authorization card and work using this.

If you do not want to apply for your green card you can have your company file for H-1b. The H-1B visa is a dual intent visa and your marriage will have no impact on the application process.

If your planning to continue on your F (OPT) visa I would caution against travel outside the US. Reentry into the US on F visa would be difficult after marriage to a US citizen due to intent issues.

The best solution is for you to file for your green card.

Ramasamy Krishnan

Immigration Issues

All Answers

Answers by Expert:

Ask Experts


Ramasamy Krishnan


Immigration particularly business immigration and National Interest Waivers.


I have over 7 years of experience in all facets of immigration law. Specifically focusing on filing of National Interest Waivers (NIW), Alien of Extraordinary Ability and Outstanding Researchers/Professors petitions for Ph.D's and other advanced degree professionals. I have also assisted clients in numerous PERM, H-1b, L and other nonimmigrant visa applications. I am a partner at the law firm Ashley & Krishnan,

©2017 All rights reserved.