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

S

skzdreams

Registered Users (C)
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!!
 
Since the I-485 is contingent on having "future" employment, you should be ready to prove to USCIS that you will be working for your sponsoring employer or for another employer in the same field of expertise should they ask. A letter from an employer verifying that they intend to hire you is an example of the evidence you may be asked to provide. In the meantime, I don't see a problem with pursuing a course of study. I don't even think you need to have an EAD to study (unless you need it for a part-time job on the side or work-study or something; or else as evidence of your current AOS status).
 
jk0274 said:
Since the I-485 is contingent on having "future" employment, you should be ready to prove to USCIS that you will be working for your sponsoring employer or for another employer in the same field of expertise should they ask. A letter from an employer verifying that they intend to hire you is an example of the evidence you may be asked to provide. In the meantime, I don't see a problem with pursuing a course of study. I don't even think you need to have an EAD to study (unless you need it for a part-time job on the side or work-study or something; or else as evidence of your current AOS status).
Click to expand...

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

Can I just join school purely on basis of I-485 pending status? don't even need a F-1 Visa?
Will a letter from my current employer or any other company.. stating that they will be willing to hire me past my full time studies in same or similar job be good enough?? My concern is that what if 485 dates get current (EB2-India) in those years and my application is up from approval.. will i get RFE for not working at that time? Will I be required to join a job immediately after I-485 gets approved?

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.
 
Hi Skzdreams, did u find out the answer already? I am in the same boat!

Here is my issue! Can anyone answer pls?

I am on H1B, lost my job today!! I have approved I140 and my 485 is pending for more than 2 years now. Want to pursue full time PhD, do I need to apply for a F1 visa or I can study with my I485 pending status?

Also, I am applying for grants in the university in the same field as my I140 was applied for...does this qualify me as full time employed in the same field?

Please reply!
 
visa1976 said:
Hi Skzdreams, did u find out the answer already? I am in the same boat!

Here is my issue! Can anyone answer pls?

I am on H1B, lost my job today!! I have approved I140 and my 485 is pending for more than 2 years now. Want to pursue full time PhD, do I need to apply for a F1 visa or I can study with my I485 pending status?

Also, I am applying for grants in the university in the same field as my I140 was applied for...does this qualify me as full time employed in the same field?

Please reply!
Click to expand...

Most places will not accept students with pending I485 with or without EAD, check with the place to see if they are going to accept you or not.
Applying for grant is not equivalent for anything, if the grant accepted and place higher you, then this will be a job
 
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