Full time study after I485?

C

ConsulOne

New Member
A peculiar situation that I suspect some on this forum may share.

I'm on a H1B visa currently. I140 has been approved and I485 has been applied in July 2007. I'm thinking of going back to school next year for my masters. What are my options here?

1. Assuming my full time study starts in Oct 2008, if I get my EAD/AP approved by then - can I use those documents to go to school full-time? Are there any complications that arise out of this?

2. What happens to my green card application if I go to school?

3. Would future employment be impacted - aka, after graduating would taking up a job with another employer create complications?

Thoughts/ comments would be appreciated.

Thanks!
 
Hello, I am in the same situation. I will be applying for my I-140 and I-485 in the next few days. I am also planning to go school in Aug'08. I will get EAD by then but the I-485 will still be pending... I want to find out whether I will be able to
1) study full time legally
2) study full time and work full time (if 1 is not possible)

and if answer to either questions above is yes, what will be my status
thanks
Pooch123
 
Please remember all Employment based GCs are for future employment. You must talk to your sponsoring employer about this - a lot depends on their part.

Someone with an experience can explain better.
 
Be very careful. Employment based petitions for GC's are just that. I would continue working for the employer and study part-time till I am sure of the impact of full time study on the process.

Ask an Attorney.
 
It all depends on your relationship with your sponsoring company.
As asPapi mentioned, since GC is for future employement, and if you donot continue working then your 485 fate is in jeopardy. As you know to change employer while using AC21, you still have to let USCIS know that you're chaning employer. In your case, what you will let USCIS know? That you dont wanna work and wanna go back to school ...Full Time? Then USCIS will come back saying......"Well if you wanna go back to school full time....and dont wanna work.....forget about GC....here is you F1"
Pardon my sillyness, but its true.

Pooch123. In your case, there is no problem with option 2, as long as you work full time, you can study full time and you know what, you will also be paying in-state tuition, as compared to out-of-state tuition, which the case for F1.
 
Not as easy...

... wish the switch from GC to F1 or anything on those lines were available options.

Remember - F1 is an non-immigrant visa, and since I've demonstrated immigration intent by applying for GC - so F1 is probably not a viable option anymore (I mean one could try, but the chances of success would be pretty low).

"Waiting for green card" (I485) is legal status - so I'm guessing one can use this to go to school full time? But the rider is that if after MBA you do not come back to the same employer - then the green card is made void?

Anything else that people can think about? Thoughts?
 
....

Errr.... the objective of posting it out on the forum is to get insights from people who have been in similar situation or can think of creative options. This would be valuable to talk to the attorney about future options.

So I'd request that the discussion be continued please...


joelly said:
Ask your attorney.
Click to expand...
 
I am also doing full time study on internet(doing 12 credits per semester) and full time job. Though it is tough, but I spend my whole weekend, and evenings for studies.

So you can do both, this is my experience.

Good Luck!
 
I may have reason to quit, post GC, while studying:

I started my MBA last spring with evening / online courses. Continued working for my GC sponsoring company X through 6 yrs until last May when they sold their business to company Y. Worked for company Y until GC approved last month. Reason for quitting company Y was lesser pay than company X or as per Labor, despite full-time working (over 40 hrs/wk). Now, looking for a new job, title will be different than as per Labor, but higher salary expected.

DIGS
EB3, India
PD : Aug.03
AD : Jul.07
 
sVirgo said:
I am also doing full time study on internet(doing 12 credits per semester) and full time job. Though it is tough, but I spend my whole weekend, and evenings for studies.

So you can do both, this is my experience.

Good Luck!
Click to expand...

Congratulation sVirgo,
Keep it up.

I am also planning to start studying in a Univ and working full-time at the same from Spring 2008, my I485 filed in July2nd, no news so far, thinking doing part-time.

Now one question :
If I get EAD by this year (praying GOD), can I use it to treat me as a non-international student....? (it is PhD in CS).

Any comments/suggestions from guru people would be appreciated.
 
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