Green Card / Studies

nabs_box

New Member
I'm currently in US on H1B and planning to apply for my MBA. I want to pursue my MBA in US full time.

On the other hand my employer is very willing to file my PERM towards an employment based Green Card.

I know with Green Card one becomes permanent resident and can take up employment in any company/field. But I would like to know if it's possible to pursue full time study in US after getting the green card. What are the restrictions, rules, process if anything different? Will I need a student visa still or can I hold my Green Card?

What happens if I decide to go to school in the midst of my Green Card processing say in Labor or I-140 stage? Can I still file my Adjustment from school? Do I have to go to student visa status in that case? If I can't file for adjustment from school, can I hold the priority date when I start the process again later?

In case I don't pursue Green Card when it is in processing and leave for school, could it affect me negatively when I file for my Green Card later?

Thanks
 
Once you have your GC you are allowed to go to school full time, however you need to be careful if you go to school part-way through GC processing (i.e. using benefit of EAD) then fail to take up employment with your sponsoring company, USCIS may consider your original application fraudulent.

Sounds to me like you would be better off staying with your employer for a few more years until you have your GC. Its usually considered "safe" to leave a sponsoring employer a minimum of 6-9 months after the official LPR issue date.

Note: If you abandon your application in the middle of processing, you will basically have to start again, so I wouldn't consider that a good strategy.
 
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