I am currently pursuing an MBA degree. Previously, I graduated with a master’s degree in information technology. …

… I have a pending H1B petition based on my IT degree for the start date of October 1st. If my petition is approved and my F-1 status changes to H1B on that date, can I still be attending school as I really want to complete my MBA?


The USCIS has not provided clear guidance that establishes specific parameters for the ability to take classes while in H1B status. However, in an old letter issued by the Legacy INS in 1995, the agency indicated that the classes must be incidental to the H1B employment because they are not the primary purpose for that individual’s presence in the United States. Therefore, it appears that continuing to work towards your degree program may be a violation of your H1B status. (25.Jul.2014)

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