Dependent of H1B wanting to study/work in the US

[Agathon991 0]

Hi Guys, this seems like a rich resource with lots of people that know lots of things. So hopefully, someone can help me out a bit with my question too.

I've had an H1B for 2 years and a bit, and the company I am with is interested in renewing this visa and then shortly applying for a greencard afterwards in the EB-2 category. Given the current status of things that'll still take a few years to come through.

In the mean time, my wife is currently studying at a dental school in the U.S. on the H4 visa. She'll be done in a year and would want to start working in Aug/Sept 2014. The options I see are:

1) She can stay on H4 for now, when it gets time for her to start working, she can look for her own H1B

2) She can get on a F1 visa and then stay for another year after finishing school, start working and continue to look for her own sponsor

3) She can switch to a J1 visa?

4) Wait it out, and "hopefully" my work will apply for the immigration process soon and then after she gets her resident status, start working then.

I am inclined to go with either 1 or 2... Problem with F1 visa is that the school requires you to show a 1 year tuition amount in a bank account and that, for a dental school is a lot of money (above 100k for international students). But on the flip side, dentists may fall under STEM (Science, Technology, Engineering and Mathematics) so they could legally work under OPT for 29 months after finishing school.

So, here are my questions...

a) Which of the 4 options would you guys suggest would be the best route to take?

b) If she does switch from an H4 to some other visa, and then my employer files for our permanent residency, would I still be able to include her on the green card application as a dependent?

Lastly, apologies for the lengthy post, but I'd rather be clear up front then me flamed later. And in case the question has already been answered else where, please do point me to it.

Thanks,

Mr. Woodchips

Edited February 5, 2013 by Agathon991

[Boiler 45,557]

F1 has a lot going for it.

Yes

[LanaMay 5]

Hi.

Your wife will be able to file with you for a green card regardless of what her visa status is,as long as she is legal in US.

I am in US for 10 years.I was J1 before I got my H1, so I know both of those visas are good for someone who wants to work.

J1 is more flexible with employment but as far as I know lasts only up to 18 months.H1B, as you probably know, pretty much ties you to one employer for the duration.In order to change employers you will need to go trough painful and costly filing again.H1 however can be extended for up to 6 years, and more if your green card posses is advanced enough to get a priority date.

Idea of working on F1 is not my favorite.My husband has F1 and allowed to work on campus 20 hours a week during school year,full time on school brakes.Work off campus has same restriction but he is also required to apply for work authorization document every year.

Miraculously he was able to get work permit three years in a row,but was denied this year. Decision letter from INS says :"The purpose of authorizing off campus employment is due to economic hardship and not to enable a student to work his or her way trough school." I guess they decided to tighten the grip in the light of looming immigration reform.

Since he was on H1 for 6 years before F1 he can not get H1 again without leaving US for 14 months.So now he has lost his job and will file H4 to be able to stay until my green card priority date.

Hope my input helps your wife to make a right choice.