485 and studying on H4/F1

[gtg506p]

Had a quick question. Not sure if this has been discussed before. Planning to get wife here on H4 and she wants to study. I have applied for 485 and in retro now. Is it advisable to study on H4 or F1? I know she can work on F1 but would that not be advisable since lets say the VB does become current in future for me then filing her 485 might be a problem since F1 is pure non immigrant and USCIS might hold it againt her. Any info/simlar situations greatly appreciated.
Thanks
Amar

 

[Jackolantern]

With you having filed an I-485, her F-1 is likely to be rejected because she is married to you. And even if they don't reject it up front, she could have problems at the port of entry trying to enter the country with an F-1 (if they find out about the marriage later). And the F-1 status would become invalid once her I-485 is filed. But they won't hold the prior F-1 status against her, unless she files the I-485 very shortly after entering the country with F-1 status.

Other advantages of studying with H1 or H4 status are (1) not being required to study full time, and (2) many states allow H1 or H4 holders to pay in-state tuition rates, provided that they have been in the state for the required period (typically 1 year), whereas none will allow in-state rates with F-1 status.

 

[gtg506p]

Thanks Jack. I think I will go for her studies on H4 route. That is safer.

 

[sfmars]

F1 vs H4 vs pending AOS

With you having filed an I-485, her F-1 is likely to be rejected because she is married to you. And even if they don't reject it up front, she could have problems at the port of entry trying to enter the country with an F-1 (if they find out about the marriage later). And the F-1 status would become invalid once her I-485 is filed. But they won't hold the prior F-1 status against her, unless she files the I-485 very shortly after entering the country with F-1 status.

As I know H4 status to study has big disadvantage regarding scholarships/grants because there are restrictions.

Other advantages of studying with H1 or H4 status are (1) not being required to study full time, and (2) many states allow H1 or H4 holders to pay in-state tuition rates, provided that they have been in the state for the required period (typically 1 year), whereas none will allow in-state rates with F-1 status.

Even if full time study for H1 or H4 is not required but period of time to get degree is limited. As for "typically 1 year" to be in-state, it is rather exception than rule and works primary for COMUNITY COLLEGES. Universities live based on their own lives and rules.

Most of Universities require green card or citizenship to accept you as in-state resident and "typically 1 year" works only for citizens and permanent residents.

H4 visa does not allow internship !!!!!! (practice to get experience and get paid)

 

[Jackolantern]

Even if full time study for H1 or H4 is not required but period of time to get degree is limited.

That's not much of an issue for somebody who can keep renewing their visa every year until they get a green card, as is the case with the original poster and his wife.

As for "typically 1 year" to be in-state, it is rather exception than rule and works primary for COMUNITY COLLEGES. Universities live based on their own lives and rules.

No .... the state-run universities tend to be uniform within the each state regarding their in-state tuition rules.

Most of Universities require green card or citizenship to accept you as in-state resident and "typically 1 year" works only for citizens and permanent residents.

No ... several allow in-state rates for H1/H4 or AOS. It is not some rare exception. I know Florida allows it, as I have a relative studying part-time with an H1 and paying in-state rates.

Georgia allows in-state rates for H1/H4 if they demonstrate acceptable progress towards a green card:
http://www.gsu.edu/es/23688.html

H1-B visa-holders and their H-4 dependents residing in Georgia while waiting for approval of adjustment of status to U. S. legal permanent resident shall have the same privilege of consideration for payment of in-state tuition rate as a citizen of the United States. These individuals must be able to show clear evidence of having taken all legally permissible steps under applicable provisions of immigration law toward establishing legal permanent residence in the United States and the establishment of domicile in the State of Georgia at least 12 months prior to the first day of classes for the term in which they are seeking payment of the in-state tuition rate.

California allows a wide range of visa holders to claim residence for tuition purposes:
http://www.reg.uci.edu/registrar/residence/

Adult students (at least 18 years of age) may establish residency for fee purposes in California if they are a U.S. citizen, permanent resident or other immigrant, or a nonimmigrant who is not precluded from establishing a domicile in the U.S. This includes nonimmigrants who hold valid visas of the following types: A, E, G, H1, H4, I, K, L, N, NATO, O1, O3, R, or V.

So does Texas:

Individuals holding one of the following nonimmigrant visas have the same rights and privileges for applying for Texas residency as do U.S. citizens or permanent residents.
[H1B and H4 are on the list]

H4 visa does not allow internship !!!!!! (practice to get experience and get paid)

True, but hopefully the PD will become current before graduation, allowing an internship with an EAD related to the I-485.

 

[sfmars]

The rule of 1 year works 100% for citizens and permanent residents to consider them in-state, some exceptions can be applied for people who are in the process of their green card in some states (but this is minority). As I understand the author of topic missed the bus to file AOS for his wife.

Even in my state MSU (Michigan State) can wave out of state residency for people on the last step of green card process (I-485), but it is exeption, the other major universities require at least photo copy of green card. WSU (Wayne State) in my state requires green card for in-state. It is not like there is general rule for all STATE Universities.

I did not say all Universities, I said MOST of Universities, I meant that there are only some exceptions, and mostly for community colleges.

The biggest exception is CALIFORNIA the state which was loyal to immigrants all the time.

 

[gtg506p]

Yea I talked to my lawyer also. He suggested it would be better to stay on H4 and study. I know I might lose out a bit money wise considering she wont work/intern like F-1 students can (on campus etc.) but I think it might be safer since within two years of her studies the VB can become current for my PD and then if shes on F-1 AOS might be a problem.

 

[Jackolantern]

I can find a dozen states that allow in-state tuition for H1/H4, you can probably find a dozen that don't, but that doesn't matter because ultimately the poster needs to look at the specific rules that apply to the universities within his own state.