Becoming fulltime student while waiting for 485 approval

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explorer_inc

Registered Users (C)
Folks,

I am tired of waiting for my green card (485 pending) :mad: :( . I have been planning to join a graduate school for a doctarate degree. If I want to join the school next Fall, what are my options?

Are there any risks in leaving GC process and going back to F1 (student visa)?

One I can think of is: dual intent (GC is permanent status and F1 is temporary status). I may get denied for F1 after knowing that I had applied for GC.

Any idea or suggestions about this?

Has anybody done something like this?

Your help is appreciated. Thanks, Explorer.
 
I know you could change jobs after 485 pending for 180 days. Does that new job have to be in the same category of your old job? Can that "job" be a full time student? I do not know. Can somebody use AOS to go to school full time while 485 pending? Experts please explain. Thanks!
 
Full time student should be fine as GC is for future employment, but as it is called future employment , you need to have job offers from sponsor employer, otherwise your GC application is not valid.
 
If your 485 is pending you don't need an F-1 visa or F-1 status to study. If anything, applying for F-1 could be interpreted as abandoning your green card process.

The key is to maintain the job offer while studying, so your 485 won't become invalid.
 
I'm in the same boat as "explorer_inc", waiting for 485 to get approved and hoping to go back to school in Fall 2006 (full-time).

I wonder what documents I need to present to school authorities in leu of a F1 visa? I already have an EAD & AP.

My EB3 priority date is Nov. 03, 2001 (other countries). :mad: Thanks in advance for any advice
 
moved01 said:
I wonder what documents I need to present to school authorities in leu of a F1 visa? I already have an EAD & AP.
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Social Security card and I-485 should be sufficient. If studying part time while working you can use your L-1/H-1 (if still valid).
 
Thanks for the advice. I'll be studying full-time.

To clarify, my 485 has not been approved yet due to retrogression. Can I still present evidence of filing the 485 and an approved AP/EAD to study full-time?

Otherwise, I'll have to ask for a deferal for one year.
 
Hi moved01,

Check with your school's internation student services office regarding the documents needed to be a fulltime student? They should be able to give you some pointers.

How are you going to take care of employment letter when you become a fulltime student?

Explorer.
 
moved01 said:
Thanks for the advice. I'll be studying full-time.

To clarify, my 485 has not been approved yet due to retrogression. Can I still present evidence of filing the 485 and an approved AP/EAD to study full-time?
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Yes, I meant pending I-485 (don't show EAD unless they ask, because it has a short-term expiry date that may mislead the university staff who don't fully understand immigration). Even I-485 may not be necessary; driver's license may be sufficient.

Almost any status (not including B1/B2) that allows you to stay in the US for a year or more will also allow you to study as long as you remain compliant with the primary purpose of the visa. Lots of people with H1/H4/L1/L2/J1/J2 and other visas study for degrees while working or otherwise pursuing the activity for which they got the visa. The key is to maintain your I-485 validity, since that is your foundation for legal presence in the US.

I don't even think you would be classified as an international student with an I-485 (or with H1/L1), because the studying would not be the foundation for your legal status in the US. As a true international student you would face various restrictions and requirements such as having to study full time and not being able to work off campus.
 
Full time student while waiting for 485

I am in the same boat. Waiting for 485 approval. I have my EAD and AP. Looking to join the school fill time. Not sure what my options are. I do not want to loose the hard work of getting till 485 stage. Also I do not want to loose atleast a year to go to school.

Priority date: Aug'01 (India-EB3)
 
Priority Date: November, 2001 (EB3 - Other countries)
I-140 AD: 7/xx/05
I-485 RD: 12/06/04.

Your other alternative is to enroll full-time and file for AC-21 based on future employment.
 
moved01 said:
Priority Date: November, 2001 (EB3 - Other countries)
I-140 AD: 7/xx/05
I-485 RD: 12/06/04.

Your other alternative is to enroll full-time and file for AC-21 based on future employment.
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Thanks. But what happens when CIS processes my 485? I should have a valid job (as per the Labor certificate) at that time.
 
Your other alternative is to enroll full-time and file for AC-21 based on future employment.
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I didn't know that we had this option. But I think this might be good news to me! Please help. I need advise.

I graduated with a Bachelor's degree on 06-02. I was sponsored by an employer on 10-02. After a year of waiting and realizing that the process was going to take years and years, I decided to go back to school as a full time student for my masters. I have 2 more years to go before graduation.

Now, my question is.... if my LC was approved today, would I be able to continue with my schooling instead of working for my employer? I don't understand this "file for AC-21 based on future employment". :confused: Please help. Thank you in advance.
 
If your company is willing to employ you when you get GC(and you have intent to join them after GC) and let your GC process going(including responding all the RFE properly), you can continue your GC process as full time student. If you did not file I485 yet, you need F visa. Only potential problem is... once youe sponsor files I140, your immigration intent is obvious and you may not get F visa.

You do not need to use AC21 as long as your sponsor is willing to sponsor you for GC.
 
If you aren't switching jobs, but are just taking time off from the job and will later resume with the same employer who filed your I-140 and I-485, you don't need to file AC21. You just need to make sure you can send documentation to verify the job offer if the USCIS sends an RFE.

Once your GC is actually approved, you will be expected to work for the employer. So in that case, just finish up the semester and then start working full time and switch to part-time studying or put the studying on hold for a while.

Disclaimer: I am not a lawyer and this is not legal advice. Do your research to verify or challenge the above.
 
It's Request For Evidence.. CIS sometime sends RFEs to clarify something. If it was sent to your GC sponsor and sponsor did not respond, your application is revoked.
 
H4 to F1 Please help

Hello,

I have read many posts from this forum regarding the same issue but couldn’t find one, which answer my question.
I am on H4 VISA since May 2000 based on my husband H1. My husband’s H1 going to be expire in May 2006. He can’t get 7th year extension because he doesn't have Green card process pending 365 days. In the meantime I have approved LC and pending I140 (immigrant petition filed in November 2005), We were unable to file for I-485 because of the retrogression on (EB3 other counties) I want to convert my H4 to F1 and become an fool time student. Can I get F1 VISA, since I applied for GC and have pending I140? Is there any risk to get my GC process canceled if I get F1 denied? Are there any other complications for the future GC process?

I'd really appreciate your help on this.

Regards
Liya
 
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