Query on H1B category & I-485 Visa status for F1 holder spouse

[koushikonjob]

Hi,

I have two queries :-

1. My wife is on H4 , I am on H1B and she is doing her MS in Health Care administration from California State University. Does this course ( Skill Set ) fall under H1B category as she would like to get a job after completion of the course ....

2. Currently my I-140 has been filed ( not yet Approved ) , Now if I want to include her name while filing I-485 stage, what would be her visa stauts if she holds F-1 Visa. ?

Thanks!
Koushik

[txh1b]

1. What do you mean the skillset qualify for a H1b? If the job requires a person with advanced degree, it qualifies for a H1b. If you meant a cap-exempt H1b, she could possibly qualify if the job is from a non-profit hospital or a university and the likes.

2. The F1 status remains even if you add her as a derivative on the 485. She would have to enter as a parolee if she leaves the US and re-enter as F1 visa requires non-immigrant intent.

The F1/485 combination has always remained a gray area and many famous lawfirms are cautious to comment on it.

[koushikonjob]

Hi,

Thanks a lot for the information.

About the skillset qualify - I means to say ,Since H1 is only for some sply. skilled people which fall in 65k H1 cap ( e.g IT,Enginerring , etc )... Is health care administration related job also fall under 65K skilled people Cap?


Thanks!
Koushik