You are here:

Immigration Issues/GC process and dependent's F1 to H1B status

Advertisement


Question
QUESTION: Dear Mr Arora,

Hope you are doing fine.

My case is as below:

My husband is currently on H1B visa and I am on dependent H4 visa. From August 2012, I am starting my MS degree as international student and going to change my visa status from H4 to F1.

My husbandís company is planning to start his GC application process in August 2012. After I complete my Masters (sometime around August 2013), I will be applying for my independent H1B in 20000 quota. My queries are:

1) Will this create any problem in my husbandís GC application or my H1B application? The reason for my doubt is that in my husbandís initial GC application, my status will be F1 visa holder  and during the GC process, my status will change from F1 to H1B?

2) Should my husband hold the GC application till my H1B is stamped?

3) Does it make any difference if my husband starts GC process now, while I am on H4. In this case, in his initial application my status will be H4 and during the period when GC is in process, my status will first change from H4 to F1 and then to H1B. Will so many changes create any complication in GC application?

4) What would be the safest time for my husband to start  GC process?

Your response will be highly appreciated.

Regards,

Pooja

ANSWER: Hi Pooja,

You can file adjustment of status application (along with your husband) when your husband's priority date is current: www.h1b1.com/visawaiting.htm

The priority date is established only when a PERM application is filed: www.h1b1.com/laborcert.htm

There will be no complication in filing your adjustment of status application, as you will be maintaining your nonimmigrant visa status throughout your stay in the U.S. It does not matter how many times you may have changed your status.


---------- FOLLOW-UP ----------

QUESTION: Dear Mr. Arora,

I have a further question.

I came across a case where the husband's GC application was in process (priority date not current), and the wife's application from F1 to H1 was rejected.

One possible reason I can think of is that at one side wife's name in  husband's GC application shows that she would like to settle down in USA. Whereas her independent H1B application(transition from F1) shows her non immigration intent.

Will there not be any conflict?

Regards,

Pooja

Answer
Hi,

H1B and H4 visa visa categories are dual-intent, i.e., these categories allow for intent to immigrate to the U.S. even though technically they are nonimmigrant visa categories. Thus, an H1B petition would not have been denied on the basis of an intent to immigrate to the U.S.

Immigration Issues

All Answers


Answers by Expert:


Ask Experts

Volunteer


Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

©2016 About.com. All rights reserved.