Attending graduate school while on an H-1.

J

jeana

New Member
Hello,

A friend has been sponsored for a green card through her employer. The six years on her H-1B are expiring in July. Her company is filing an H-1B extension since the I-140 (for the Green Card petition) has been filed. The I-140 has not been approved. As far as I understand, if the I-140 has been filed but not approved, the H-1 can only be extended for one year.

To complicate matters further, my friend has been accepted to Graduate School. Apparently she cannot get the student F-visa since she has been sponsored for a Green Card.

The question is this: Can she attend graduate school on a part-time H-1B visa? Her employer is willing to allow her to go to graduate school. He has also agreed to continue with the Green Card sponsorship.

The problem is that the graduate school is in another city. Ideally, my friend would like to work part-time for her employer but that might not be possible. Can she work for another company in the new city - part-time - attend graduate school on this part-time H-1B visa, AND continue to keep her green card application active through the sponsoring (current but soon to be former) employer?

Sorry if this is too complicated!

Best,

Jeana.
 
When I wrote that the 'I-140 has not been approved', I meant to say 'It is pending.' I didn't mean to suggest that it has been rejected. Just wanted to make that clear.

Thanks!
 
H1B is specific to a workplace and a part time H1B might get denied. She can try adjustment of status to F. It might be successful. USCIS seems less strict about the immigrant intent issue than consulates.
 
From what I can tell, travel is an integral part of the graduate school program. So she will need to travel quite a bit. If the consulates will have a problem allowing her back into the U.S., then I think switching to the F doesn't make sense.

Why would a part-time H-1B get denied? The idea here is that she would switch her H-1B from current employer to an employer in the same city as the graduate school and simultaneously make it a part-time H-1B. In the meantime, the current employer (soon to be former) will with not withdraw the I-140 Green Card petition. He has agreed to that since he does want her to work for him after the GC comes through.

-Thanks.
 
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