Studying on H4 or F1, when husband is on H1 in US

[absolutemelody]

My husband works in US. His H1 started this October. I am in India don't have an H4 yet. However I have a B1/B2 visa which was sponsored by my employer and had been to Us for a month earlier this year. I have enrolled in a university in the same state where my husband works. I have an option to apply for H4 from here and convert it to F1 once I am in US, or directly apply for F1 from here. Does my husband's H1 hinder my chances for F1? Please suggest the best course of action

[kabkaba]

You can apply for either Visas, each has its own pros and cons.

Application for F1 Visa requires non-immigrant intent. Having your husband working in the US, makes it just a little more difficult to show that you will return to home country after completing your studies. But many such spouses do get the F1 Visas. The only way to know for sure is by applying. Having a B1/B2 visa helps towards getting F1 Visa.

Unless, your husband has I-140 approved, H4 Visa will not give you any work authorization. Whereas F1 Visa will give you on-campus work authorization and OPT.

On H4 you may qualify for in-state tuition (depends on state, check with your school), on F1 you must pay out-of-state tuition.

H4 is dependent on your husband, so if your husband loses his job your H4 status will also end. F1 is independent.

[absolutemelody]

Thanks Kabkaba. Say I apply for F1 and it gets rejected. Does that affect my H4 to F1 conversion?

Also, while applying for F1, is it ok to show my husband as one of the financial sponsors?

[kabkaba]

No, it will not affect.

Yes, that's fine.