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Can I study full time or part time on h1b visa without changing my status to F1 visa ?

Schaumburg, IL |

Hi, I have been working here in the States from Oct 2013 with H1B visa. My current company is willing to apply me a greencard However, my lawyer have warned me that the wait for the greencard is about 7-10 yrs now giving that I only have BS degree with less than 5 yrs experience. She suggested me to go on and get a master degree so the wait will be much shorter.
My questions are,
1. Can I go back to school as a part time for master degree while I work fulltime in my company. (without changing my status back to F1)
2. If I can do so, Do I quilify for residential tuition rate? or I still have to pay like international? (note that, I have obtain H1b and stay in the States for more than 1 yr now)
3. Once I graduate my master degree & my company apply a greencard how long process will take

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Attorney answers 5

Posted

Many more details are needed.

Alexander M. Ivakhnenko

Alexander M. Ivakhnenko

Posted

A reasonable concern

Posted

If you are going to go to school and want to work the F-1 visa is not for you. The problem I have is that it is going to be hard for you to maintain your current status if and when the EB-2 or EB-3 is ever filed. You do not qualify for the in-state rate and you need to contact an attorney to further advise you on the remaining questions you have.

Alexander M. Ivakhnenko

Alexander M. Ivakhnenko

Posted

Requires further assessment

Posted

You can study in H1B status as long as you are also employed as per the terms of the H1B petition.

Check with the university for tuition issues as this is based on university and state law policies.

The GC process is complicated if the qualifications enabling EB2 filing were earned while employed by the sponsoring employer.

Alexander M. Ivakhnenko

Alexander M. Ivakhnenko

Posted

Right

Posted

1) yes as long as you continue to fulfill the H1B requirements 2) the school can tell you this. Consult with an Immigration attorney for best results.

This advice does not form an attorney-client relationship and is merely informative. It should not by itself be relied upon to address a legal concern.

Alexander M. Ivakhnenko

Alexander M. Ivakhnenko

Posted

Right

Posted

You may study anything in the United States WHILE maintaining a legitimate valid status.

DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional opinion, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions stated above are general in nature, and may not apply to specific factual or legal circumstances related to one's current legal issues. Contact an experienced lawyer admitted to practice in your State under an attorney-client privilege to further receive a comprehensive legal before making an educated decision about your particular legal issue. Respectfully, Attorney Alexander Ivakhnenko, Chicago, Illinois

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