Becoming fulltime student while waiting for 485 approval

[brainpower1]

Exactly. And, if an I-140 was filed for you, you have indicated immigration intent, and that's not allowed for an F1. So, it is pretty much impossible to change to F1 once an I-140 is filed.
As for using AC21, as somebody suggested, AC21 requires that you get a job similar to the original one. You can not use AC21 to quit working and go studying.

I recently got my labour approved and filed for my I140. My spouse is on H4 and her name was listed on the I140 application under spouse details. She recently applied to universities for admission for Fall 2006 and expecting one with full funding. So my question is will the immigration intent apply to her aswell when she applies for change of status to F1. Thanks in advance for any response

 

[Sensahuma]

Its Risky.......

Hi,

Whatever ppl might say but the onus is on you. It is always risky to either go to school with your 485 pending.

I am talking from experience. One of my friends was in the same boat as you. He was waiting on his 485 approval and at the same time got admission in an Ivy League for MBA (fulltime). He joined the school and just before his graduation he finally heard from the INS. He got an RFI (at 485 level) and they requested his tax filings for the previous year and at least 3 recent paystubs. The timeframe INS gave him to respond was also 14 days. My friend somehow managed to arrange all the stuff and got his GC within a month of responding to the RFI.

My suggestion: Its always risky. Depends……..what do you want more…..the degree or the GC?

Best Case Scenario: You get no RFI’s and u get your GC in mail.
Worst Case: You get an RFI and then have to respond.

As far as going to school, all your paperwork like EAD etc. should be good enough.

 

[puhrince]

i think the worst case scenario should be GC gets denied! getting a RFE and responding to it is a scenario that one should expect though.

sensa, how did your friend manage show his tax filings for the previous year as well as paystubs? that would be interesting for all to know...frm what i hear, people contact their 'consultant' friends in anticipation of this and 'work' for them even though they are not...but also from what i know, you don't necessarily need to have a job during this - it could also be just a letter of offer from a prospective employer

 

[Sensahuma]

I completely agree Joe. But to each his own. In any case switching jobs, going to school on 485 is definitely risky. Adding on to that a GC is actually for 'future employment' and considering it takes almost 4-5 years for an actual approval a lot of parameters change. In some cases the companies that offered 'future employment' either fold or cease to exist. In that context there is definitely a strong need to relook into the immigration process and prmarily the timeframe that it takes esp. for folks from China and India to get their Green Cards.
Having said that I would like to wish Explorer Good Luck in all your future endevours esp. higher studies.

 

[puhrince]

sensa, but u didn't answer how ur friend got his GC if he was studying full time? how did he prove his employment?

 

[chatterjee]

Fresh H1b approval/stamping afterapproval of I 140

Any risk on H1B1 approval/stamping?

--------------------------------------------------------------------------------

Need Urgent help!

I was on H1B1 status, working in NY. I was never out of status.

1. I had done my I140 petition (not done I485 petition) in EB2 NIW category (self petition) in November 2003 (PD: 11 Nov 2003).
2. I got a job in Hong Kong (same profile and job description but much higher salary), and moved out of US in June 2004. Currently, I am in HK.
3. Got RFE in May 2005 on the NIW petition. Answered RFE in Jul 2005 (self petition).
4. I140 got approved in Aug 2005 (USCIS sent approval notice to HK address).
5. Could not apply for AOS through consular processing due to retrogression (couldn't complete I485 application in Sep 2005)

Now, I plan to be back in the US with a similar job. Company willing to sponsor H1B1.

Question:

1. Will there be any problems in getting the H1B1 done? (I mean, I will apply for H1 in Apr 2006 and hope to start working in Oct 2006 when the fresh H1B quota gets exercised -- I have US advanced degree)
2. Given that I have an I140 approval, do I need to mention in that I have a pending application for immigration (intention to migrate)?
3. Is there any chance of H1B1 regection? Can immigration authorities stop me at the port of entry even after the issue of H1b1 and stamping? Or is there no probs?

Gurus, please help me. I have to take an urgent decision.

 

[Sensahuma]

puhrince........as far as i know my friend took a favour from a 'consulting company' that made out a 'Current employment letter' and also generated a couple of pay checks (one backdated and the other current). Not Fair but i guess after waiting for at least 4 yrs for future emplyment ---- maybe justified !!

Peace Out !

 

[puhrince]

yeah thats what a lot of people do..but how did he cover up for the tax filings?

puhrince........as far as i know my friend took a favour from a 'consulting company' that made out a 'Current employment letter' and also generated a couple of pay checks (one backdated and the other current). Not Fair but i guess after waiting for at least 4 yrs for future emplyment ---- maybe justified !!

Peace Out !

 

[GotPR?]

puhrince........as far as i know my friend took a favour from a 'consulting company' that made out a 'Current employment letter' and also generated a couple of pay checks (one backdated and the other current). Not Fair but i guess after waiting for at least 4 yrs for future emplyment ---- maybe justified !!

Peace Out !

HOW IS FRAUD JUSTIFIED ?
Your friend is guilty equally to illegal immigrant, and those like your friends makes the US government stand tougher to innocent immigrant.

 

[explorer_inc]

Thanks Sensahuma for you best wishes. I have the same for you if you are a victim of retrogression. I have been working on getting legal advice on this issue for a last couple of months. I have spent big bucks for it. ..but it was worth spending! I thought I would share what I have found with you. I also advise that since every case is unique, you should talk to an immigration attorney before taking any big step.

It seems that Green card application is for the future employment offer...that is how it was structured from the beginning...I-485 system came into the picture very recently. So you do not need to be working while waiting for your GC. What you need is a future employment letter. Once you GC is approved, you are ought to join your new job.

This finding corroborates with several comments in this thread. I thank all of you for your comments. I also agree that since we are exploring the gray area of immigration law here, it may be risky.

Sensahuma's example shows that people have explored this option in the past. So let us keep sharing our experiences/knowledge/real case examples on this issue.

Explorer.

I completely agree Joe. But to each his own. In any case switching jobs, going to school on 485 is definitely risky. Adding on to that a GC is actually for 'future employment' and considering it takes almost 4-5 years for an actual approval a lot of parameters change. In some cases the companies that offered 'future employment' either fold or cease to exist. In that context there is definitely a strong need to relook into the immigration process and prmarily the timeframe that it takes esp. for folks from China and India to get their Green Cards.
Having said that I would like to wish Explorer Good Luck in all your future endevours esp. higher studies.

 

[puhrince]

explorer, actually a lot of people know about this - i mean pretty much everyone has told me that you don't need to work on EAD...there have been many discussions in the I-485 forum regd this...my only issue is yes u only need a future employment letter according to the law, but is that whats happening when one is called for a GC interview? i am not sure - even Sensa's friend was asked to get paystubs which he managed somehow

Thanks Sensahuma for you best wishes. I have the same for you if you are a victim of retrogression. I have been working on getting legal advice on this issue for a last couple of months. I have spent big bucks for it. ..but it was worth spending! I thought I would share what I have found with you. I also advise that since every case is unique, you should talk to an immigration attorney before taking any big step.

It seems that Green card application is for the future employment offer...that is how it was structured from the beginning...I-485 system came into the picture very recently. So you do not need to be working while waiting for your GC. What you need is a future employment letter. Once you GC is approved, you are ought to join your new job.

This finding corroborates with several comments in this thread. I thank all of you for your comments. I also agree that since we are exploring the gray area of immigration law here, it may be risky.

Sensahuma's example shows that people have explored this option in the past. So let us keep sharing our experiences/knowledge/real case examples on this issue.

Explorer.

 

[GC_Woes]

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.

Any update on your situation?
I am in the same boat as you. I have an admission offer from a good univ for this fall. But I am stuck in retrogression. PD: Aug 2001, India. Pending AOS. any suggestion what should I do?

 

[GC_Woes]

Hi,

Whatever ppl might say but the onus is on you. It is always risky to either go to school with your 485 pending.

I am talking from experience. One of my friends was in the same boat as you. He was waiting on his 485 approval and at the same time got admission in an Ivy League for MBA (fulltime). He joined the school and just before his graduation he finally heard from the INS. He got an RFI (at 485 level) and they requested his tax filings for the previous year and at least 3 recent paystubs. The timeframe INS gave him to respond was also 14 days. My friend somehow managed to arrange all the stuff and got his GC within a month of responding to the RFI.

My suggestion: Its always risky. Depends……..what do you want more…..the degree or the GC?

Best Case Scenario: You get no RFI’s and u get your GC in mail.
Worst Case: You get an RFI and then have to respond.

As far as going to school, all your paperwork like EAD etc. should be good enough.

Thats a very good news esp for people like me (Have EAD and have an offer for full time study from a good school). I am willing to take the risk for facing RFE.
Question that I am facing are:
1. In what category will school enroll me into? International? PR?
2. If I get an RFE, like your friend, how will I manage to show pay stubs for last 3 months.

 

[GC_Woes]

Thanks Sensahuma for you best wishes. I have the same for you if you are a victim of retrogression. I have been working on getting legal advice on this issue for a last couple of months. I have spent big bucks for it. ..but it was worth spending! I thought I would share what I have found with you. I also advise that since every case is unique, you should talk to an immigration attorney before taking any big step.

It seems that Green card application is for the future employment offer...that is how it was structured from the beginning...I-485 system came into the picture very recently. So you do not need to be working while waiting for your GC. What you need is a future employment letter. Once you GC is approved, you are ought to join your new job.

This finding corroborates with several comments in this thread. I thank all of you for your comments. I also agree that since we are exploring the gray area of immigration law here, it may be risky.

Sensahuma's example shows that people have explored this option in the past. So let us keep sharing our experiences/knowledge/real case examples on this issue.

Explorer.

Another idea:

1. How about managing to get a "Leave of Absense"? In this situation, a person would still be on H1B and can join school based on pending AOS/EAD. Any thoughts?

2. My only concern is: Do universities consider pending AOS applicants as PR? Is it a rule or an exception? I searched a lot for the university that gave me the offer to study (U of Michigan), and I cant find any documentation regarding this.

 

[GC_Woes]

I agree with you the its risky.
Any idea...which lawyer did your friend chose?
I talked to the lawyers and they all told me not to do anything like that.

I wonder whats a good option in this scenario?
Should an individual explain the situation to the lawyer and ask for advice.
Or, just go for it (consulting company stuff) and manage the paperwork himself.

Hi,

Whatever ppl might say but the onus is on you. It is always risky to either go to school with your 485 pending.

I am talking from experience. One of my friends was in the same boat as you. He was waiting on his 485 approval and at the same time got admission in an Ivy League for MBA (fulltime). He joined the school and just before his graduation he finally heard from the INS. He got an RFI (at 485 level) and they requested his tax filings for the previous year and at least 3 recent paystubs. The timeframe INS gave him to respond was also 14 days. My friend somehow managed to arrange all the stuff and got his GC within a month of responding to the RFI.

My suggestion: Its always risky. Depends……..what do you want more…..the degree or the GC?

Best Case Scenario: You get no RFI’s and u get your GC in mail.
Worst Case: You get an RFI and then have to respond.

As far as going to school, all your paperwork like EAD etc. should be good enough.

 

[GC_Woes]

Guys,

I am in the same boat and I talked to the lawyers. They all advise against going for it.

Can you suggest some lawyer who can think outside the box?

explorer, actually a lot of people know about this - i mean pretty much everyone has told me that you don't need to work on EAD...there have been many discussions in the I-485 forum regd this...my only issue is yes u only need a future employment letter according to the law, but is that whats happening when one is called for a GC interview? i am not sure - even Sensa's friend was asked to get paystubs which he managed somehow

 

[masala dosa]

Guys,

I am in the same boat and I talked to the lawyers. They all advise against going for it.

Can you suggest some lawyer who can think outside the box?

Confirmed from my Lawyer.
You can exit for studies.maintain a job offer
best is getting a leave of abscence
Cheers mate

 

[GC_Woes]

How will you show "pay stubs" if you are on Leave of Absense?
Pay stubs will say 0.0$ and that will create suspicion in INS's head.

Confirmed from my Lawyer.
You can exit for studies.maintain a job offer
best is getting a leave of abscence
Cheers mate

 

[masala dosa]

How will you show "pay stubs" if you are on Leave of Absense?
Pay stubs will say 0.0$ and that will create suspicion in INS's head.

well its the company policy one year sabbatical -unpaid
u r not working for the US army that they should pay u
as long as u r a small fry in a huge corporation u wont get paid

the other guy whose story was flaoting most probably did not get any support fromhis original employer hence cooked up something

 

[asnssf]

Instate - outstate Issue after getting GC

We just got our GC last month, all this time I was assuming that my wife's outofstate resident status at the university will change into Instate after getting GC. But she was told that there won't be any change in the status and fees for her studies !! (university is state owned not private).

I read somewhere that in CA and Texas they change to instate status after getting GC.

We live in NJ. If what we were told was true, there won't be any change in the Fees after getting GC. I am still trying to talk to someone at the university !!