Posts Tagged ‘college’

I am in H-4 status. May I attend a U.S. college or university?

May 06, 2010 by No Comments

Yes.  An H-4 derivative visa holder may not work, but may attend school while in H-4 status.  H-4 status is available to spouses and children of H-1B visa holders.  An H-4 visa holder is not required to obtain a separate F-1 student visa in order to enroll in school.  However, if the principal H-1B visa holder’s status ends or expires, the H-4 student would need to change status to F-1 in order to continue his/her studies.  Similarly, if the H-4 student is a derivative of his/her H-1B parent and the child turns 21 years old, he/she would need to change status to F-1 to continue in school.

Please don’t hesitate to contact our immigration law firm if you have questions or need assistance with H-4 or F-1 status.

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Which employers are exempt from the H-1B cap?

Jan 28, 2010 by No Comments

Most employers are subject to the H-1B cap (annual quota of visa numbers available) when sponsoring someone for an initial H-1B visa. 

However, there are four categories that are cap exempt:

1. Institutions of higher education (colleges or universities)

2. Non-profit organizations affiliated with an institution of higher education (there are a variety of affiliations that would qualify, although most involve shared ownership or control)

3. Non-profit research organizations (basic research or applied research)

4. Government research organizations (defined as a U.S. government entity)

If you have any questions regarding H-1B sponsorship and/or whether your company or employer qualifies as H-1B cap exempt, please don’t hesitate to contact our office.

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Posted in FAQ H-1B, H-1B | Read More »