Husband of H1b on H4 or F1

[Sand216]

I have H1B petition approved and will be going for stamping in October. My husband who has 9 years of experience in sales will not be able to get H1b sponsorship as he does not come under STEM. He is planning to write GMAT and do his second master's in US. With his experience in industry and already an MBA from India, there are chances he might get fee waiver or assistantship in a good university. So my train of thought is going on F1 than H4 is better option.

I have come across cases where Husband is on H1b and wife travels on H4. Since this is a reverse case does it affect in any way for my husband to get F1 visa(Prospective immigrant clause) or would it work in favour since there are chances that I (wife) may not settle in US.

Kindly advise.

[jairichi]

He could apply for any visa (F1 or H4) and do his studies.

[Sand216]

Yes, I know he can either go for H4 or F1. My question was what are the chances of his F1 getting rejected because of prospective immigrant clause , since I will be there on H1B .

If he is on H4 he can still do his studies but will not get assistantship or on campus employment. 

 

I have seen several cases where wife's F1 gets rejected  because her husband is on dual intent visa(H1B).

Since this is a reverse case, I was wondering if any knowledgeable person in the forum would kindly advise.

[jairichi]

The chances of getting a F1 is how he can convince VO about his intentions to come back. With a H4 it does not matter.

[jairichi]

It would be safe for him to enter with H4 and later apply for a COS to F1 in US to be allowed to get campus employment.

 

H4 - Eligible for resident student fee but no OPT or other employment

F1-  Not eligible for resident student fee but can do campus job

[Sand216]

Thank you !