Full Time studies with EAD and pending I-485??

[skzdreams]

here are basic details of my case:
I am currently on H-1B Visa with PD: Feb 2006 (EB2)
I-140 is approved and I-485 (Filling Date-July 2, 2007) pending for more then 180 days.
Have a valid EAD and AP in hand.


I would like to go back to school for a Full-Time MBA education starting Fall 2010 and possibly use EAD for this.

Can I possibly use EAD card to study for 2 years and continue job after that...?

Does leaving my current employer have any effect on my GC processing.. as its been almost 2 years since I-485 was filled..

Will this be by any means worry some for my Green-Card process?

Would appreciate any suggestions on how best to navigate this process!!
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[Jackolantern]

You don't need an EAD to study full time. The pending I-485 is sufficient (of course, if you want to work on or off campus you'll need the EAD).

Does leaving my current employer have any effect on my GC processing.. as its been almost 2 years since I-485 was filled..

The employer can ask USCIS to revoke the I-140. If you don't get another "same or similar" job or job offer according to AC21, USCIS will deny your I-485 once the I-140 is revoked. So you need to rely on the employer to cooperate and keep your I-140 alive while you study, if you are not going to be on the job market during your studies.

Are you EB2 ROW or EB2 India/China? If you're in EB2 ROW, it has been current almost every month for the past 2 years, so it's time to make noise with USCIS and the Ombudsman and your Senator to get USCIS to act on your I-485. If it is approved soon, you don't need to worry about the employer revoking the I-140.

 

[skzdreams]

Thanks for the reply..
would appreciate if you provide a little more insight.. with my queries below..

The employer can ask USCIS to revoke the I-140. If you don't get another "same or similar" job or job offer according to AC21, USCIS will deny your I-485 once the I-140 is revoked. So you need to rely on the employer to cooperate and keep your I-140 alive while you study, if you are not going to be on the job market during your studies.

Can Employer revoke I-140 even if it is approved and over 180 days old?
Mine was filled in July'07 and approved sometime in 2007 too.

If I can get a letter from any employer with intent to hire me past my Higher education (full time MBA) will that be enough?
As I plan to leave job for 2 yrs.. my fear is what if 485 dates get current in those years and my application is up from approval..

Are you EB2 ROW or EB2 India/China? If you're in EB2 ROW, it has been current almost every month for the past 2 years, so it's time to make noise with USCIS and the Ombudsman and your Senator to get USCIS to act on your I-485. If it is approved soon, you don't need to worry about the employer revoking the I-140.

I am EB2-India.. so, practially.. dont' have hope of getting any action on AOS

 

[mmed]

here are basic details of my case:
I am currently on H-1B Visa with PD: Feb 2006 (EB2)
I-140 is approved and I-485 (Filling Date-July 2, 2007) pending for more then 180 days.
Have a valid EAD and AP in hand.


I would like to go back to school for a Full-Time MBA education starting Fall 2010 and possibly use EAD for this.

Can I possibly use EAD card to study for 2 years and continue job after that...?

Does leaving my current employer have any effect on my GC processing.. as its been almost 2 years since I-485 was filled..

Will this be by any means worry some for my Green-Card process?

Would appreciate any suggestions on how best to navigate this process!!
Edit/Delete Message

Many places I know refuse EAd as a document for students. Check with the place you are going to join.

 

[Jackolantern]

Can Employer revoke I-140 even if it is approved and over 180 days old?

You need a same/similar job or job offer, or the employer can revoke it at any time.

If I can get a letter from any employer with intent to hire me past my Higher education (full time MBA) will that be enough?

A job offer letter is sufficient if you don't have an actual job, but the job duties must be same/similar to the original sponsored job and the job must be credibly genuine (USCIS probably won't believe a job offer from a 1-person company that just got started 6 months ago and doesn't have significant revenue).

As I plan to leave job for 2 yrs.. my fear is what if 485 dates get current in those years and my application is up from approval..

Why would you be afraid of that?

 

[skzdreams]

Why would you be afraid of that?

well.. my fear stems from fact that.. even if I have a job offer in hand for same/similar job profile, and say i am in middle of 2-yr program and get a GC approved, then am I not suppose to take on that job immediately??

Also.. if i complete my MBA successfully.. I would want to be employed in a different field with diferent job profile. Will that be possible with pending GC or approved GC?

 

[Jackolantern]

well.. my fear stems from fact that.. even if I have a job offer in hand for same/similar job profile, and say i am in middle of 2-yr program and get a GC approved, then am I not suppose to take on that job immediately??

There is no requirement to join the job immediately. I don't think postponing it for a year to complete studies would be a problem, as long as you ultimately do join the employer in the stated same/similar job.

Also.. if i complete my MBA successfully.. I would want to be employed in a different field with diferent job profile. Will that be possible with pending GC or approved GC?

That would be a problem, because the post-GC job needs to be same or similar to the originally sponsored job. You should be in a same/similar job for at least a few weeks or months post-GC before switching to the different MBA job.