H4 and study - in case I miss the H1-B bus this time??

USA H1B Visa
1

Hi Saurabh,

I got married in Jan 2013 this year. My husband is in US from the same company/account. The location is also the same for us. We work for the same company in India.

This body shop for which we both work, had promised to file my visa in April. Now due to some internal bull shit politics, my visa is not getting filed within first week of April. I am trying to really push hard but its all on luck now.

In worst case, if I miss the cap totally, I want to be prepared. So our plan is -
I will apply for H4 and join my husband. Post that I will start applying for jobs once I am there. I have a work exp of 4 years. Once I find a job, I will enroll into a nearby college and convert to F1. Once I have my F1, I think I can work. I have the following questions:-

  1. While I apply for COS I think it takes 3-4 months to get an F1. Can I work in these 3-4 months when I have applied for COS?

  2. Can a company from US apply an H1-B for me in the 65,000 cap general quota (not the MS one)? This is about April 2014. The course that I will enroll is a 2 yr MBA graduate course.

  3. Please let me know the flaws in this plan. I want to know if there is some way I can make it there and stay with my husband. Also at the same time I dont want to bring a gap in my own career.

Please guide me through this.

Appreciate all the efforts that you put in to reply the queries on this blog. Thanks a lot!!

2

  1. While I apply for COS I think it takes 3-4 months to get an F1. Can I work in these 3-4 months when I have applied for COS?

    NO , you cannot work. And your plan is illegal you CANNOT work on F1- It is a study visa and not work visa. Please stay away from diploma mills. Many people have been deported and jailed for frauds. Dont risk your US stay. It may cause your husband’s deportation too. search Tri Valley and herguan university frauds in google.

    1. Can a company from US apply an H1-B for me in the 65,000 cap general quota (not the MS one)? This is about April 2014. The course that I will enroll is a 2 yr MBA graduate course.

    Yes. Anybody can apply. Once your COS is done you will need to wait till oct 2014 to start working

    1. Please let me know the flaws in this plan. I want to know if there is some way I can make it there and stay with my husband. Also at the same time I dont want to bring a gap in my own career.

    Ask your company to file it.

3

Hi Adi, thanks so very mmuch for you inputs.

In my first question, when I say work, I meant on campus work. I dont want to burden my husband by paying for my education. Can I get an on campus job while I have applied for COS and it is not in approved state?

How much on an avg does an on campus job pay?

Thanks so much for your inputs.

4

There are different rates for different jobs. But at minimum you will get $8.75 per hr where you can work maximum 20 hrs per week as per the law. If you are skilled enough i.e. know DW tools, web programming. It might be more depending on the type of university you go.

After studying minimum 9 months you will be eligible to work on CPT

5

Hi Adi,

Thanks for your inputs. Following are billing details of the college I am planning to enroll in for a graduate MBA -
The cost of one subject, tuition and fees, is $2,964. If awarded scholarship (scholarship is based on previous academic performance and awarded at the time acceptance is determined), scholarship will reduce the cost of one subject to $2,289. Students are billed at the start of each semester for both Session I and Session II classes, so billing occurs three times a year for $5,928 ($4,578 with scholarship). The first semester, you are expected to make an initial payment of $3,000 and the balance can be paid in monthly installments. After the first semester, the installment plan can be used for the full amount. A new payment plan must be completed with our Business office at the start of each semester.

I want to study just for the sake of working on CPT after 8 months. I m fine with studying anything - MS or MBA. The above charges are for MBA. I do not want to burden my husband. If MS will cost me less, I would prefer to go for it.

What would you suggest??

6

MS is cheaper and has better chance of H1B. OPT for MS is 12+17 months because it is under STEM. MBA is not.

There is better chance of jobs if you are MS-CS