Urgent help required. Which is better -- H4 or F1 Visa ?

[ram.eluri]

Hi,

I work for one of the top MNC of  India. My company sponsored H1B for me and the visa is stamped 2 weeks ago. My wife has not attended any Visa interview yet. My wife is working for one of top USA based software product company from past 4 years and has an excellent academic/professinal background. In past 6 months, my wife wrote GRE, TOEFL and applied for 4 universities near to my work location at USA. Right now we both are in India and I will be travelling to USA in the 1st week of December 2013 to join my onsite team. My wife is interested to pursue MS at USA (for Spring) and would like to join me in January 2014.

Now I am confused whether to let my wife come to USA on F1 or H4 ? Which one would be better ?

I do not know the advantages/disadvantages I would have, if my wife comes on H4, related to tax savings on my salary etc....

Similarly I do not know the advantages/disadvantages my wife would have, if she comes on H4 ?

Please share your opinion/suggestion/experince.

Thanks in advance.

Best Regards,
Raj

[jairichi]

Hi,

I work for one of the top MNC of  India. My company sponsored H1B for me and the visa is stamped 2 weeks ago. My wife has not attended any Visa interview yet. My wife is working for one of top USA based software product company from past 4 years and has an excellent academic/professinal background. In past 6 months, my wife wrote GRE, TOEFL and applied for 4 universities near to my work location at USA. Right now we both are in India and I will be travelling to USA in the 1st week of December 2013 to join my onsite team. My wife is interested to pursue MS at USA (for Spring) and would like to join me in January 2014.

Now I am confused whether to let my wife come to USA on F1 or H4 ? Which one would be better ?

I do not know the advantages/disadvantages I would have, if my wife comes on H4, related to tax savings on my salary etc....

Similarly I do not know the advantages/disadvantages my wife would have, if she comes on H4 ?

Please share your opinion/suggestion/experince.

Thanks in advance.

Best Regards,

Raj

On H4 she might be eligible for in state tuition fee but she cannot work on OPT after graduation

On F1 she pays international fee but she can work on OPT after graduation

 

It is easy to enter based on H4 visa as it depends on your documentation. While for F1 visa the procedures and documents are a bit elaborative. And, she can convert her H4 to F1 anytime later in US and be eligible for OPT. But to get OPT she has to be on F1 status for certain semesters or period of time.

[catx]

For your wife to enter the U.S. on a F-1 visa she will have to have (1) received an offer of acceptance / admission from an university she has applied to, (2) accepted that offer and provided the necessary documentation back to the university, and (3) received a I-20 back from the university.  Otherwise, you wife will have to enter the U.S. on a H-4 visa.

 

Regarding the 'advantages / disadvantages' of a H-4 visa versus a F-1 visa, a better way of thinking about it is "differences".  As an overview ... A H-4 visa is generally easier to get because it is based on your approved H-1B visa, does not require any additional documentation other than yours and proof of marriage, can travel at any time after getting her visa, can study at a university, but there is no employment authorization at any time.  A F-1 visa requires its own separate documentation (e.g. support while in the U.S., I-20 from the university, proof of ongoing ties to India and intent to return upon graduation ...), cannot travel until 30 prior to the start of classes, but does allow limited employment authorization during and after graduation (e.g. on-campus, OPT), which would be required for assistantships.  An option is for your wife to get a H-4 visa to enter the U.S. and start university, and then apply for a change of status (COS) to a F-1 visa.  With regards to tax savings, etc. there are probably not too many differences other than the if your wife is on a F-1 visa and is earning money through an assistantship.

 

Most importantly, these are general comments and in no way reflect you and your wife's situation, which the USCIS considers unique (as they do with everyone).  You and your wife would be best served by consulting with a qualified, experienced immigration attorney who can properly advise you on the options and recommend which one is 'better'.

[ram.eluri]

Hi jairichi,

 

Thank you very much for the response. I am grateful for your help.

 

Hi catx,

 

Thank you very much for the detailed response. I am grateful for your help.

 

Hi jairichi and catx,

 

My H1 is stamped just 2 weeks ago and right now I am still in India. It might take a month for me to travel to USA. But my wife has started preparing for the GRE/TOEFL, even before my petition is filed as she is interested to pursue her MS. My wife has excellent academic and professional back ground. She is currently working for one of the top USA product software company (from 4 years). She has already applied for MS in CS in 4 top universities (all of them are in top 90 or top 50 universities). She is not just doing MS with the intention of accompanying me and she is really interested to pursue MS in CS. We are preferring F1 rather than H4, for some of the following reasons

 

1. Eligibility for OPT/CPT, assistantships

2. No need to get stamped again in case my wife travels to India for her brother marriage

3. As I am still not in US, my wife will not be eligible in state tuition fee.

 

But to the VO during stamping not to give any intention of immigration, my wife is planning to tell that "my husband is working at India and I will be coming back to India after my education gets completed". Is that fine ?

 

Do the VO have any way to find out that I have H1B stamped ?

 

Please share your thoughts.

 

Thanks you very much for all your great help that immensely helping related to an important life decision.

[jairichi]

Hi jairichi,

 

Thank you very much for the response. I am grateful for your help.

 

Hi catx,

 

Thank you very much for the detailed response. I am grateful for your help.

 

Hi jairichi and catx,

 

My H1 is stamped just 2 weeks ago and right now I am still in India. It might take a month for me to travel to USA. But my wife has started preparing for the GRE/TOEFL, even before my petition is filed as she is interested to pursue her MS. My wife has excellent academic and professional back ground. She is currently working for one of the top USA product software company (from 4 years). She has already applied for MS in CS in 4 top universities (all of them are in top 90 or top 50 universities). She is not just doing MS with the intention of accompanying me and she is really interested to pursue MS in CS. We are preferring F1 rather than H4, for some of the following reasons

 

1. Eligibility for OPT/CPT, assistantships

2. No need to get stamped again in case my wife travels to India for her brother marriage

3. As I am still not in US, my wife will not be eligible in state tuition fee.

 

But to the VO during stamping not to give any intention of immigration, my wife is planning to tell that "my husband is working at India and I will be coming back to India after my education gets completed". Is that fine ?

 

Do the VO have any way to find out that I have H1B stamped ?

 

Please share your thoughts.

 

Thanks you very much for all your great help that immensely helping related to an important life decision.

1. As I said for getting an OPT she can change her status from H4 to F1 for the required semesters and be eligible for it

2. It is a valid reason to go for F1 stamping.

 

You cannot lie to VO. In DS160 there are questions to be filled about spouse details and also about relatives in US. She cannot lie anywhere. Be careful as if your wife ever lies and gets caught she will never travel to US in her life.

 

As we had mentioned earlier F1 needs good amount of documentation while a H4 does not.