Immigration Issues/H1 visa occupation


You didn't get me right.
I have no intentions to circumvent any laws. I would bring her on H4, and then will enroll in a school on F1. After the education, I will have her work on H1.

My question was - For a teacher what degree is required i.e. is there a degree that she can study her after which she could work as a teacher on H1(or H1 is granted only to engineers, doctors)

Followup To
Question -
I am working as software engineer in US on H1 visa.

I am about to marry a girl from my home country. She is working as a school teacher. Because its not a speciality occupation, I would have to bring her on H4 and not H1.

If she wants to work in US, can I enroll her in some school in US to attain some degree after which she could get H1 ?

Please suggest some degrees(1-2 years) after which she could qualify ?
Answer -
You are attempting to circumvent the laws of the United States.  She cannot work in the United States.  If she wants to go to school, then she can apply for an F-1 visa. You are on the verge of jeopardizing your status.

Your future spouse must have a profession that is not available in the US...Teacher isn't one of them, particularly one that has no certification or training.  Even if she were to complete her education, she would never meet the standards to obtain the H1B as a teacher.

Second - You are assuming an H4 can just switch over to an F1 student then go to an H1.  CIS will be taking note of what you are and your future spouse are trying to do.  As I said, you may not see it and perhaps it's perfectly acceptable in your country, but we in immigration law enforcement do not see it your way.  Both of your visas could be cancelled.  You are in the United States as a Non-Immigrant H1B for duration of 3 years.  When you marry, your spouse may enter as a Non-immigrant spouse of an H1B (H4) in her case...that's it.  If you were an Immigrant or Citizen, things would be quite a bit different and easier to do.  As a Non-Immigrant, you do not enjoy the privileges of the preceeding categories.

Immigration Issues

All Answers

Answers by Expert:

Ask Experts




Immigration Law enforcement Border Patrol


30 years Immigration law enforcement/management, criminal investigations, Homeland Security including Border Patrol operations

©2016 All rights reserved.