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What Can I Do on an H1B Visa?

Can an h1b visa holder freelance?

You may not have any employment outside of your approved H-1B employment, which rules out any type of freelance work.

Can I pursue further studies in the U.S. while on an H-1B visa?

As an H-1B visa holder, you are permitted to take classes. However, the primary purpose of your being in the U.S. must be your H-1B employment and you must continue working for your H-1B employer in the same capacity. You may be able to amend your H-1B petition to work part-time, which would enable you to have more time to pursue your studies. If you don’t want to continue H-1B employment, then you can change your visa status to an F1 student visa. The F-1 student visa would require you to be a full time student.

Can I have a valid H-1B and F-1 visa at the same time?

You can not have both visas at the same time. However, depending on what your goals are you may not need to change your status to an F1. You may pursue further studies while on an H1B visa as long as the primary purpose for your being in the U.S. is the H1B employment. You can also work part-time on the H1B visa as long as an amendment to the H1B petition is filed and approved. If you do decide to change status to an F1, then you would have to be a student full-time and may not work (except under very limited circumstances).

Can one person apply for both the H1B Visa and a NIW based Green card at the same time?

Yes, you can apply for both at the same time. They are two separate processes. The H1B visa is also a “dual intent” visa, which means that permanent residency can be pursued in conjunction with an H1B.

What is the process to convert H1B visa status to H4 visa status?

It’s a fairly simple process. You would have to file for a change of status using the Form I-539. Among other things, you should provide proof that you are married to your H1B visa holder and that you have remained in status.

If you have any further questions about the H1B visa or other immigration questions, please feel free to contact us and we can help you out.