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Part time PhD in another state on H1b VISA

Dallas, TX |

I am currently on a H1b VISA, working in Texas.

1) Can I pursue a part time PhD in a university located in Georgia?
2) Will I qualify for in-state tuition, working in Texas? Intuitively, I think No, but would like to get confirmation.

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Attorney answers 3


1. Only if doing so does not cause you to violate your H-1B status.

J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


1. Only if doing so will not cause you to be out of status. 2. Depends on the State's residency requirements.

Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 NOTE: Responses are for the education of the community at large and is not intended to be "legal advice." No attorney-client relationship is established by responses or comments.



Thank you. "An Independent Student meets the Georgia Residency requirements, for purposes of the State Programs, if he or she has established and maintained Domicile in the State of Georgia for at least 12 consecutive months immediately prior to the first day of classes of the school term (semester or quarter) for which the student is seeking assistance from one or more State Programs."


H-1s can attend school on a full or part time basis as long as they work legally for an H-1 petitioner. In state tuition is not an immigration question and you will need to check on the in state tuition rules in Georgia, or with the school.

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