carlac said:
Hello,
I am a Canadian applying for graduate degree in the US and the school told me that once I was accepted they would issue an I20 so that I can get an F1 visa. I have a number of questions:
1.Can I work while in school on an F1 Visa? My understanding is that its only on campus employment? What about off campus as not all schools can offer you on campus employment? I know I have to send proof of one years living expenses.
2.My husband would like to come with me so he plans to apply for jobs in the US in hopes of getting an H1 visa. Would this be the best way for him to accompany me to the US?
3.If I got an H2 visa as his spouse would that allow me to work while in school or can a student only get an F1 visa.
4. If my husband gets an H1 Visa how many years can he work in the US? My program is 4 years.
I am very new to this process. Sorry if my questions appear rudimentary. I would really appreciate feedback.
Thanks
Carla
1. Students in F1 status may work up to 20 hours per week ON-CAMPUS while classes are in session and full-time (40 hours per week) during vacation periods. Students in F1 status may work OFF-CAMPUS in the form of Curricular Practical Training (CPT) and Optional Practical Training (OPT).
Practical training is employment in a student's major field of study. You are eligible for practical training if you have been a full-time enrolled student in F-1 visa status for at least 9 months. There are two types of practical training: Curricular and Optional.
Curricular Practical Training (CPT)
This type of practical training can be an internship, co-op, practicum, or professional experience listed as a course in your curriculum. It may be for full-time or part-time employment and must be credit bearing. The credit must count toward degree completion. This type of employment must be taken prior to the completion of your degree. However, if you complete 12 months of full-time curricular practical training, you are not eligible for any period of Optional Practical Training. In order to be eligible for CPT, you need to have been a full-time enrolled F-1 student for 9 consecutive months, unless the academic program requires that you begin an internship earlier.
Optional Practical Training (OPT)
You are eligible for OPT if you have been a full-time enrolled F-1 student for 9 consecutive months. The training needs to be work directly related to your field of study. As an F-1 student, you are eligible for 12 months of OPT following completion of required coursework for the degree program.
2. Spouses may obtain nonimmigrant visas to accompany or follow the student. Each family member must obtain their own Form I-20 from the school, and meet all other visa eligibility requirements, including evidence that they will have sufficient funds for their support, and that they will depart the U.S. when the student's program ends. Spouses may not accept employment at any time and their status in the U.S. is regarded as F-2.
If you are financially strong, your husband can accompany you as an F-2 dependent. If you are not financially strong, it would be wise for your husband to find a job and come to the U.S. on H1B visa.
3. H1, H2, and H3 are all work visas. Spouse of an H1B visa holder is eligible for an H4 visa. A person on an H4 status is not allowed to work unless and until the person gets a Change of Status from the INS from H4 to H1B status or F1 status. Currently INS is not issuing Social Security Number (SSN) to H4 visa holders.
H4 holders can get a Driver's license, open a Bank account, or even go to college.
It is possible to convert H4 to "F1" if one wishes to attend full-time course work. Another option for those interested in continuing their education, is to attend community colleges. This way, one does not have to change visa status. These colleges only award the equivalent of a Diploma, instead of a Degree, but they often the serve the purpose at a lesser cost.
It is also possible to convert H4 to H1, if one can provide proof, that he / he is qualified, has had prior experience in his/her field of expertise, and have a job offer from a company in the United States.
4. H1 visa is a temporary work visa and the holders can work for a total of 6 years. Alien must reside abroad for 1 year before applying for another H-1B visa. However, it is certainly possible for a H1 visa holder to convert his temporary work visa into a permanent work visa by applying for Green Card if the employer sponsors the alien for such a visa (i.e. Green Card), in which case he does not have to leave the U.S. for any lenght of time. Green Card will eventually lead to U.S. Citizenship if the conditions are satisfied.
Hope this helps. Good luck to you.
