Business school, I-485, and Greencard

L

lbern

Registered Users (C)
(I apologize for posting this elsewhere! I'm new to immigrationportal.com and am still getting used to it. Anyways, here's my story...)

I was recently accepted to a US business school, have decided to attend in the fall, and would like to know how this will impact my immigration case. Here's my situation: Currently, I am working in the US. I am on H-1B visa and in the I-485 stage (Receipt Date, February 16, 2002) of my employment-based GC. INS estimates that I should receive my GC in the late summer. Also, I have an EAD card.

Issue 1: I-485 is approved before I start business school.
- If this is the case, then I should have no immigration issues with attending business school. Is this correct?

Issue 2: I-485 is not approved before I start business school.
- If this is the case, then can I still go to school on my pending I-485 (AOS) and EAD card? If I choose to do this, are there any risks involved? The thing I’m afraid of (after reading through scores of immigration message boards) is that if I get an RFE while in business school, this might be a problem. Anyone have ideas?

Issue 3: I am getting married this summer to a US citizen and am considering filing a marriage-based I-485.
- If I file this marriage-based I-485, can it legally co-exist with my existing employment-based I-485?
- If it can coexist, then can I attend business school on this marriage-based I-485 instead of my employment-based I-485?

Thank you very much,

lbern.
 
Last edited by a moderator:
Sorry, just got a little bit confused ...
What's your point?
Are you attending the business school in full time and did you terminate your job?
 
Sorry for the confusion. I was just accepted to a US business school and will start in the fall. Currently, I am working in the US on an H1-B visa and am in the I-485 stage of my greencard process.

Thanks.
 
Ok here's my $0.02

I think scenario 1 assumes that you get your GC then you leave your employer within a short time after that to join B-School. I have heard people do this in the past with no problems but this does not mean this is ok across the board.

Employement based GC is based on long term employment of the recipient with the sponsor. Leaving the sponsor voluntarily right after getting the GC could raise eyebrows at the DOL/INS/DHS about prior intent and could cause problems later. Also the employer could turn nasty and complain to DOL/INS/DHS. I would be careful these days. Short Opinion: Possible but not without risk

scenario 2 is more risky. You might be issued an RFE for recent paystubs and employment letter. What will you do if you cannot produce those? Your case might be denied. You will have to scramble and get an F1 maybe to continue your study but you might not get it easily as you would have exhibited an intent to immigrate in the past. Short Opinion: Highly risky

Scenario 3 is Easy. Yes you can have 2 I-485's concurrently filed. Refer to the chat session on http://www.usvisanews.com/chatlog022003.html
to see a related question. Your marriage based and employment based GC's are "two very distinct avenues of eligibility". I am not sure what kind of documentation the grad school might require for you to continue your education but I guess "pending adjustee" documents are fine.

As always talk to your lawyer if you can to clarify matters. Hope this helps.
 
lbern !

My advice to you: GET GC FIRST THROUGH EMPLOYMENT.
I waited for 5 years to goto B-School. But now lost the desire.

Employment based GC has no condition(s), except the one not so well documented. That you have to stay with the sponsering company for at least 6 months. Marriaged based GC is temporary for 2 years and needs a proof that you are still married, in order to get a permanent GC.

My friend with divorce rate soaring above 55% you decide what to do. Get GC through employment and you will live with dignity forever.
 
IBERN keep your fingers crosed man. You still have some time before you begin school and hopefully you will have your GC in hand by that time. All of us in this forum are some what not fully informed and kind of look for solace in the advice of others. Good luck!
 
I would say-

Get the GC first, You so so near to it.

I have seen suffering right on this forum,
It cab be really frustating to keep waiting for GC forever.
 
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