Can I go to School?

S

swind

Registered Users (C)
Hi gurus

Have a unique situation here. I thought will ask all the gurus on the forum, have been a passive listener on this forum for past 3 years and have derived a lot of useful insight.

I applied for my I-485 (AOS) in Oct, 2002; and am eagerly waiting for the decision on my application; thus have been more than 180 days since I applied. My H1 has expired (more than 6 years in States) and currently my only valid status is waiting for AOS decision. I have a valid EAD which allows me to work in United States.

I am considering going to a graduate school starting Sept , 2004. Seems like it is very unlikely that I am going to get my green card by then, I wanted your opinion on a few things. Is is alright for me to go attend the school without being employed for a period of time. Given the current processing times, I am hoping that the decision would be made on my 485 application in December timeframe. Is it possible for me to go to school, beginning Sept 2004 and not being employed until December. When my case is closeby around the processing dates, here are a few things that can happen:

- I dont receive an RFE and directly get an approval : No hassles
- I do receive an RFE : I get employed with another company which provides me Employment Verification Letter and some paystubs to prove that I am employed and I get the green card. What are the other materials that INS can demand for an RFE?

Do you guys see any red flags with the case above? Is there any reason my case can be rejected. Any other options you can think off?

appreciate all the feedback
 
The chances are pretty good that you will get away with it.

You go for Grad school, wait for the RFE, you have 90 days to respond, which gives you ample time to find employment and generate a couple of paystubs. This is even more attractive if you are currently working for a reputed company. In which case, with the latest memo on reduction of RFE, you might not even get pinged because your "sponsoring" company has sufficient resources to pay your salary.

Good luck with grad school.
 
Buddy, your odds of going to school are against you.

1. If BCIS sends an RFE, you'd better be in a job very similar to your Labor Certification job. What better job, than the one you have now?

2. If BCIS approves your GC, then you'll need to start working for the job on your LC (or similar) and work on it for at least a year (or longer) to avoid being constituted as a GC fraud. [you applied based on employment, but never worked when GC was provided]

I think you should hang in there and get done with your GC. After you've worked in your job post-GC long enough to avoid problems, you are "FREE" man (or woman or whatever) and you can go do whatever you want. Except do anything that will get you in slightest trouble with cop, or you'll have trouble when you try becoming a citizen..
 
BUDDY makes a good point in # 1. However, I am not sure how valid # 2 is. My personal suggestion would be to wait till next year to go to Grad School. You've waited this long, why jeopardize it so late in the game.
 
Can u pls answer these questions

Dont you like regular paychecks?
What good is another degree gonna do to your health (and hair)


QUOTE=swind]Hi gurus

Have a unique situation here. I thought will ask all the gurus on the forum, have been a passive listener on this forum for past 3 years and have derived a lot of useful insight.

I applied for my I-485 (AOS) in Oct, 2002; and am eagerly waiting for the decision on my application; thus have been more than 180 days since I applied. My H1 has expired (more than 6 years in States) and currently my only valid status is waiting for AOS decision. I have a valid EAD which allows me to work in United States.

I am considering going to a graduate school starting Sept , 2004. Seems like it is very unlikely that I am going to get my green card by then, I wanted your opinion on a few things. Is is alright for me to go attend the school without being employed for a period of time. Given the current processing times, I am hoping that the decision would be made on my 485 application in December timeframe. Is it possible for me to go to school, beginning Sept 2004 and not being employed until December. When my case is closeby around the processing dates, here are a few things that can happen:

- I dont receive an RFE and directly get an approval : No hassles
- I do receive an RFE : I get employed with another company which provides me Employment Verification Letter and some paystubs to prove that I am employed and I get the green card. What are the other materials that INS can demand for an RFE?

Do you guys see any red flags with the case above? Is there any reason my case can be rejected. Any other options you can think off?

appreciate all the feedback[/QUOTE]
 
Sure you can go to school. Part time of course, since your GC is employment based.
Make sure you keep all conditions the same as stated on your labor certification/I-485.
Now, if you abandon your employment -- you'd be a fool.
Some guy said, "What until your GC is in your hand" That's also a good piece of advice.
I did.Because, even your decision making process about further education will change once you have been approved. You know, the "new perspective thing........"

Good luck.
 
Going to school after getting ur GC will be cheaper as u will pay instate tuition and eligible for financial aid.
 
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