I’m currently an H-1B visa holder, and my fiancé has a pending I-485. If we get married and file as a derivative spouse, but I still work under an H-1B work authorization what happens if I want to pursue an MBA? Do I need to obtain an F-1 visa then? If so, since an F-1 visa doesn’t allow dual intent, how does that work?
Answers
Calvin Kourosh Azadi, Esq.
Immigration attorneysOnce you obtain your work permit as a derivative of your fiancé's pending EB-5 application, you are allowed to go to school full-time therefore you do not need to apply to the F-1 visa. It is always a good idea to maintain your H-1B status throughout the processing of your Adjustment of Status (U.S. Residency, Work and Travel permits) as it provides a second protection for your legal status.
Yuliya Veremiyenko-Campos
Immigration attorneysYou will not be able to switch to F1 after filing of I-485, as F1 visa does not allow dual intent. Please note that you are allowed to study on H1B as long as you maintain your H1B visa status (for example, you can keep working as usual and study part-time). It is strongly recommended to keep maintaining your H1B visa status until your conditional green card is approved. However, if you can no longer do that, you can study and/or work based on pending I-485 once you get your EAD card.
Lynne Feldman
Immigration attorneysIf you apply for a change of status to F-1 and don’t travel until your obtain the advance parole you should be fine.
Tony W. Wong
Immigration attorneysYour H-1B allows you to study. I would suggest that you keep your H-1B while your I-485 is pending if you get married and file the I-485 as derivative beneficiary.
Rani Emandi
Immigration attorneysHello, while on the H-1B you may also study, there is no need to change status to the F-1.
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