Can F1 visa holder work full time if spouse has I-140 approved?


I have a valid H1B and my company has filed GC for me. I am expecting I-140 approval by July 2017.

My husband is planning to enroll into MS program and going for COS to F1 from Jan 2017.

My question is -

  1. After my I-140 approval, can my husband work full time and going classes only on weekends with F1?

  2. Or, If he wants to work full time after my I-140 approval, should he continue study on H4 and not go for change of status to F1?

  3. Actually I am not sure if my I-140 approval will allow him to work full time when he is on F1 status. Please suggest!

  1. No, he cannot. He needs to maintain F-1 status which allows work only on CPT and/or OPT. He can move to H-4, apply for EAD and then work full time. On H-4, he can study as well.

  2. Yes

  3. I-140 allows only H-4 spouse to work full-time and not when the spouse is on F-1.

Thank you Saurabh , that helps!