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H4 visa help

H4 visa help

Old Jul 8th 2002, 8:55 pm
  #1  
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Default H4 visa help

Hi,

Are there any new laws in place that will not allow an H4 visa holder to transfer to F1 visa?

Please reply.

Rik
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Old Jul 9th 2002, 12:20 am
  #2  
Stuart Brook
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Default Re: H4 visa help

rikenk wrote:
    >
    > Hi,
    >
    > Are there any new laws in place that will not allow an H4 visa holder to transfer
    > to F1 visa?
    >
    > Please reply.
    >
    > Rik
    >
    > --
    > Posted via http://britishexpats.com

Huh ? NOT allow ?

An H4 may change status to an F1 (student) *providing* the student maintains a
residence abroad which he has not intention of abandoning.

This can have lots of other implications ... some countries tax on the basis of
factual residence, therefore, because the US says a student must have a residence
abroad, he remains potentially taxable (which means nothing to the student), but this
can reflect on the spouse or parent of the F1 (the H1B holder!), making them fully
taxable in their home country! Ouch!

Also, it means that in all states the F1 will pay international tuition rates which
may be higher than both out of state and in state rates (which are often available
to the H4).
 
Old Jul 9th 2002, 12:20 am
  #3  
Stuart Brook
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Default Re: H4 visa help

rikenk wrote:
    >
    > Hi,
    >
    > Are there any new laws in place that will not allow an H4 visa holder to transfer
    > to F1 visa?
    >
    > Please reply.
    >
    > Rik
    >
    > --
    > Posted via http://britishexpats.com

Huh ? NOT allow ?

An H4 may change status to an F1 (student) *providing* the student maintains a
residence abroad which he has not intention of abandoning.

This can have lots of other implications ... some countries tax on the basis of
factual residence, therefore, because the US says a student must have a residence
abroad, he remains potentially taxable (which means nothing to the student), but this
can reflect on the spouse or parent of the F1 (the H1B holder!), making them fully
taxable in their home country! Ouch!

Also, it means that in all states the F1 will pay international tuition rates which
may be higher than both out of state and in state rates (which are often available
to the H4).
 
Old Jul 9th 2002, 12:51 am
  #4  
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Joined: Jul 2002
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Default Re: H4 visa help

Thanks for your answer. but that probs me one more question.

Here I am considering this issue only for the US.

And about the Tax and the Fees.... won't the F1 visa holder then be on independent visa?

And does H4 visa holder have rights to pay "Out of state" or "In state" fees? or he has to pay "International" fess only? Does this depend upon the school he is attending or the State?

Plz reply.

Last edited by rikenk; Jul 9th 2002 at 12:53 am.
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Old Jul 9th 2002, 7:20 am
  #5  
Ingo Pakleppa
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Default Re: H4 visa help

On Mon, 08 Jul 2002 18:20:08 -0700, rikenk wrote:

    > Thanks for your answer. but that probs me one more question.
    >
    > Here I am considering this issue only for the US.
    >
    > And about the Tax and the Fees.... won't the F1 visa holder then be on
    > independent visa?
    >
    > And does H4 visa holder have rights to pay "Out of state" or "In state" fees? or he
    > has to pay "International" fess only? Does this depend upon the school he is
    > attending or the State?
    >
    > Plz reply.

Well, first, in response to your original question, you can indeed change from H-4 to
F-1. The new restrictions apply to changing from B-2 to F-1, and even that is still
possible but more difficult.

As far as whether an H-4 or an F-1 can pay in-state tuition or must pay out-of-state
tuition, in the end it depends on the individual school. In most cases, as Stuart
explained, F-1s do pay out-of-state tuition, while often H-4s pay in-state tuition.
But neither is cast in stone; somebody else mentioned here a while ago that at some
schools, F-1s will also pay in-state tuition if they are the spouse of a tax resident
of that state. Other schools may not necessarily recognize H-4s as residents, and yet
other schools have the same tuition for everybody in the first place.

So it helps to inquire.

Ingo
 
Old Jul 9th 2002, 5:20 pm
  #6  
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Default Re: H4 visa help

Thanks a lot both of you.

Regards,
Rik
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