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Ability to Attend School in H1B / H-4 or Other Status
One does not have to be an F-1 student to attend school in the United States. H1B workers can attend school, provided they continue in their H1B employment. The guidance on this is quite old and simply states that the H1B employment must be the primary reason for being in the United States.
Thus, the general practice is for an individual to work full time in H1B status, and attend school on a part-time basis. H-4 spouses and children can attend school on a full- or part-time basis. The same rules hold for most other nonimmigrant statuses, with the exception of F-2s.
Individuals with pending adjustment-of-status (I-485) cases can also attend school. The primary applicants in employment-based I-485 cases also need to have a valid qualifying job offer, in addition to any educational pursuits.
Here are some little known facts about going back to school and the H1B status
Q: Can one go back to study/Attend School while on H1B / H-4 or Other Status ?
Generally one needs a F-1 to attend school. But once you are in the US on some other status, you may be able to attend school. H1B visa holders can attend school, provided they continue in their H1B employment.
Generally an individual may work full time in H1B status, and attend school on a part-time basis. In addition:
- H-4 spouses and defendant children can attend school on a full- or part-time basis.
- The same rules hold for most other nonimmigrant statuses, with the exception of F-2s.
- Individuals with pending adjustment-of-status (I-485) cases can also attend school.
Q: Can i use my gained Education while Working with GC Employer to assist in my LC?
In the PERM labor certification (PERM / LC) context, there is an issue with respect to education gained while working for the sponsoring employer. It may not be possible to use education gained while working with one’s employer as a requirement for an employer-sponsored position in a PERM / LC case.
The labor certification case must be based upon the employer’s actual minimum education and/or experience requirements for the position. If an individual was hired prior to obtaining a certain degree, then that degree normally would not be regarded as a minimum requirement for the job.
Q: Is Employer-Paid Education a Problem for GC Sponsorship ?
The PERM application asks whether the employer paid for any of the beneficiary’s education or training that is necessary to satisfy the employer’s job requirements for the position. If the answer to this question is yes, the employer must be offering similar training to domestic applicants for that particular position.So, normally, it will not be possible to utilize education paid for by the sponsoring employer as a requirement for the offered position in a PERM / LC.
Source: Advice materials from attorney Shela murthy
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