H4 to H1 ........pls reply

[PKPBI]

hi
I am on H4 visa and got admission in MS computer Science. I am joining the college from this fall. My hubby is on H1 visa and his company is applying for his green card. I don't want to change my visa to F1 because of some legal complications.Can I later on change my visa directly from H4 to H1 . Can I do internship on H4 without being paid ( even it is not mandatory for me).

Please help
Thanks.

 

[nonewsyet]

Yes you can

You can remain on H4 and study as long as your husband is still on H1. You do not need to change your status to F1 - however there are lots of benefits if you are studying full time anyways. Also you can do an unpaid internship but I think it is limited to just 1 course or 3 credits. You can check with your counselor on campus regarding this, he/she will be the best one to guide you. As far as H4- H1 conversion is done yes it is possible.
However currently it can happen only if you have not already completed all of your 6 years in H status, as you can remain in H status (4 or 1 or 2) for only 6 years at a time. So if you have already completed 2-3 years in H4 and you plan to study for 2 years you may still get 1 year of H1, but then your perm (LCA) will have to be filed immediately else you cannot extend your H1 status beyond the 6th year without having a pending labor cert application.