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Immigration Law Weekly

August 5, 1996

I graduated from university last year and I am currently holding an F-1 (practical training) visa. My visa will expire on September 30th, 1996. Recently, my husband found a new job and we are relocating. I wonder if I should change my visa from F-1 (practical training) to H-4 dependent. I heard that people who hold an H-4 visa are not permitted to work at all in this country, is that true? Or is there any hope I could change my visa from H-4 to H-1B if I find a job in the future?

I am assuming that your husband will have H-1B status since you were referring to H-4 status as a dependent. H-4 aliens do not have the right to work. However, they are permitted to attend school and engage in any activities that a visitor would be permitted to do. As you are still able to work under F-1, you should not change status to H-4 until your optional practical training ends. However, be careful not to fall out of status. If you get a job offer, you can subsequently change from H-4 to H-1B, assuming of course that are eligible for such status.

My girlfriend obtained her K visa from her ex-fiance. Her ex-fiance did not want to marry her after she arrived. Her K visa will expire in September. Will my girlfriend get U.S. permanent residence if she marries another U.S. citizen before September? Can she adjust her status here? Can she go to school to get her F-1 status without leaving the United States?

K fiance(e) visa holders are not permitted to change their status to any other nonimmigrant classification or request an extension of their stay. Also, F visa holders who do not marry within 90 days after entry must depart from the United States or they will be subject to deportation. F visa holders are also precluded from adjustment of status except to conditional permanent residence acquired as a result of marriage, within the 90 day period, to the U.S. citizen who filed the fiance(e) petition. Even the adjustment provision under INA 245(i) which permits certain ineligible persons to adjust status upon payment of a penalty fee will not apply to K visa holders.



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