Can U convert to Students visa after 6yrs without effecting your Green card processin

H

himanshujain

New Member
I have been in Us for almost 5 1/2 yrs, my green card processing is in initial stages- filed for labor from michigan in feb 2002. My 6 yrs will be over in July 2003. I have been told that I can get an extension for one year, what options do I have if I do not get my green card till then. Can I go for Study here on students visa and still continue with my green card processing.

Any ideas? Has any one gone through something similar.

Thanks
 
I'm assuming that you're now on H1-B status and your 6th year is running out. This is quite common and fortunately the recently passed legislation allows persons with expiring H1-Bs who have filed for LC and whose LC has been pending for more that a year to apply for 1 year extensions. Note the plural form - my understanding is that as long as your LC is still pending, you can keep extending your H1-B, so no need to convert to any other status.
Once LC is approved, you can file I-140 and I-485 simultaneously, which will make you "an adjustee" - that will keep you in status - and also makes you eligible for EAD( amployment authorization ) and AP ( advance parole - travel document ).
In other words, I think you should be OK. It's generally a good idea to consult an immigration lawyer - just to ensure that evetything is clear and there're no other factors.
Good luck
 
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