If one spouse has an H1B visa for work, can the other spouse study in the US? I'm trying to figure out the educational options available while accompanying a partner on an H1B visa. What are the legal requirements?
The spouse of an H1B visa holder will typically be on an H4 visa. It is possible for H4 visa holders to pursue education in the United States. These visa holders can engage full time study, attend graduate and post-graduate courses, or even go to vocational or recreational schools.
However, there is one important thing to keep in mind: while H4 visa holders can study, H4 visa does not permit employment in the U.S. with few exceptions. The exception comes with H4 EAD (Employment Authorization Document) that some H4 visa holders can apply for, but it applies in limited situations.
In order to work while studying, the spouse would need to apply for a change of visa status to F1 (student visa), which does allow for on-campus employment and certain kinds of off-campus employment after the first year of study. The process to switch from H4 to F1 can be time-consuming, and it can take many months for the U.S. Citizenship and Immigration Services (USCIS) to approve it, so it should ideally be started well in advance.
To summarize, yes, the spouse of an H1B visa holder can indeed study in the U.S., while the ability to work during the study depends on their current visa status and rules. Always consult with an immigration attorney or expert to get personalized advice for your situation.
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