As a foreign national in United States under F-1 visa, you may bring your husband and children under 21 years to the US as dependents. The State Dept will issue them visas to join you in the US under F-2 visa classification. [dependents of F-1]. While in F-2 status, your husband cannot legally be employed, alhough, he may live in United States with you as you pursue your academic studies. Also, F-2 dependents can freely travel overseas and return to the US to rejoin you after such brief overseas travels. While in F-2 dependent status, your spouse may also pursue his own academic studies either full time or part time. Since it may become necessary for the family to earn a living, especially where the F-1 principal continues to study, where the need arises for your F-2 husband to work, he must apply to change status from F-2 to any one of the work visa categories like H1B for instance. But an F-2 person, must first find an employer able to hire and file H1b petition for the F-2 who must also show that s/he is qualified for the job offered and meet all other eligibility requirements for the work visa. The employer will file the H1b petition, naming your F-2 spouse as the intended beneficiary. If the petition is approved, your husband can then file to change his status from F-2 to H1B. Only after the change of status is effected can your husband to start work and be employed, since at that time, he is no longer an F-2 and is not constrained to its limitations.
Answered on Mar 06th, 2013 at 2:11 AM