O1 visa holders-about getting O3!!

jjmer

New Member
Hello, guys.. I posted another thread days ago and got the helpful info from this site. Thanks for that.
I have O1 visa as a performing artist and my visa will expire in March,2006.
My husband has H1b but he will go to top school MBA and quit his current job.
My I-140 was approved last week and we are waiting for I-485 to submit.

I was dumn enough to think that my husband would change his status to F1 ,since he would go back as a student ( both of us were here as int'l students for a long and long time)--but found out that if we are thinking about I-485, F1 won't work because of non dual intent allowed.
I am not familiar with the O3 (dependent of the O1) visa. I am seeing some of the post that you can go to school with H4, just can't work with that.

Can he change to O3 and go to school full time? Is there any restiriction about spouse or childern's ages? We do not have a child yet, so it will be only my husband who needs O3.
Some people say we do not even have to get his status changed because of AOS, but for his course, I think it will be good if we can keep our visas valid, in case something happens with I-485.

We are thinking about this option;

change his visa to O3 and go to school FULL TIME
Apply for I-485 as soon as he gets O3
Hopefully, get an EAD,so that he can work little bit on and off the campus

Does this sound all legally fine??
Thanks for your help!

jjmer
 
No EAD

You can study full or part time under O-3, but can not work like J-2s can. There is no EAD for O-3s. You can volunteer in some work, but only if you are not filling a advertised position, but can not get any salary.
 
Top