H1B GC MBA alltogether issues.

T

TkNeo

Registered Users (C)
Hi guys,

Breaking News ! This GC process sux. :) oh well

I am on H1B visa right now. I have a masters degree. The first 3 year period ends in Oct 2008. Now my employer is suggesting that we start the GC process. I most likely meet the conditions for the EB2 category... But even then this process is terribly slow. The latest update from DOS took the EB2 current date back by 2 years. So to me it seems like if i wait until i have the GC then MBA is not happening.

Now since i have not started the GC process yet i am pretty open as to the best way to go about the process and my career ....

My employer would be willing to keep the GC process running while i am in school and would get willing to give an offer letter too if that is helpful. Although i don't see an advantage to that as nothing is going to happen until my PD is current....


I'd really appreciate if people on this forum could discuss this with me and we can come out with the best way to go...



I plan to start the MBA in Fall 2009. From what i have read the solution that i can think of is...

1. Get the LC approved.
2. Get the I140 approved.
3. Get an admit for MBA for Fall 2009.
4. Apply for COS to F1.
5. Keep the GC process running (still don't know how that matters).
6. Don't leave the country for 2 years (damn).
7. Get out of school.
8. Get a job and a new H1. would be easy since i would not be counted towards the cap.
9. Probably it would be Summer 2011 by now. PD might still not be current. Keep waiting or start a new GC.


I see that lots of people have thought about MBA and more often than not they are in the middle of the GC. Lets research on this topic and figure out some solutions !
 
Great idea!

Steps 1, 2, 3 and 4 are do-able.
Steps 5 and 6 will have to weighed as you have to keep the process alive for at least 2 years during which time
a) your employer may pose problems such as revoke I-140, go bankrupt and shut down business, acquired by other company, lay off people and close your position, etc
b) your PD may become current (if EB2) - remember there's a great push towards immi-reforms and who knows a boon at the wrong time can become a curse for you
c) you have to leave the country for unexpected emergency, family reunion, etc
Steps 7,8 and 9 are less risky too.

Now, 2 years is lot of time for something like a, b or c to happen. In addition, you exponentially increase the risk by changing status to F1 while in AOS mode. An applicant can have dual intent while in H1-B status, but prospecting for GC in F1 status is not recommended. On the other hand, in this new era of corporate mergers and acquisitions any company is a prospective buyer, seller or a result of merger.

If I were you, I would go for a part-time MBA. 3 years might be the time line, but there is some bright light at the end of the MBA journey - a MBA and a GC if things work out.

Good luck. Be aware that I am in a similar decision making mode and planned for similar journey an year ago. Still contemplating whether ............

TkNeo said:
Hi guys,

I plan to start the MBA in Fall 2009. From what i have read the solution that i can think of is...

1. Get the LC approved.
2. Get the I140 approved.
3. Get an admit for MBA for Fall 2009.
4. Apply for COS to F1.
5. Keep the GC process running (still don't know how that matters).
6. Don't leave the country for 2 years (damn).
7. Get out of school.
8. Get a job and a new H1. would be easy since i would not be counted towards the cap.
9. Probably it would be Summer 2011 by now. PD might still not be current. Keep waiting or start a new GC.


I see that lots of people have thought about MBA and more often than not they are in the middle of the GC. Lets research on this topic and figure out some solutions !
Click to expand...
 
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One more vote for the part-time MBA ... your employer might even pay for it, at least partially. Changing to F1 after having filed AOS puts you at risk of losing both the F1 status and the AOS.
 
I believe F1 is a non-immigrant visa. So you cant have GC in process and still be eligible for F1 visa. Part time is probably your only option.
 
gcWudBeHere said:
Great idea!

Steps 1, 2, 3 and 4 are do-able.
Steps 5 and 6 will have to weighed as you have to keep the process alive for at least 2 years during which time
a) your employer may pose problems such as revoke I-140, go bankrupt and shut down business, acquired by other company, lay off people and close your position, etc
b) your PD may become current (if EB2) - remember there's a great push towards immi-reforms and who knows a boon at the wrong time can become a curse for you
c) you have to leave the country for unexpected emergency, family reunion, etc
Steps 7,8 and 9 are less risky too.

Now, 2 years is lot of time for something like a, b or c to happen. In addition, you exponentially increase the risk by changing status to F1 while in AOS mode. An applicant can have dual intent while in H1-B status, but prospecting for GC in F1 status is not recommended. On the other hand, in this new era of corporate mergers and acquisitions any company is a prospective buyer, seller or a result of merger.
Click to expand...

I must say your answer was very well thought out...

About your a,b,c,

a ) i wouldn't pay too much weight.. . i mean seriously . not so much can go wrong against you.
b) i am little confused about this jargon. So lets say i have completed step 2 (first post. I140). now why would i apply for AOS... i would keep working on the steps 1-9. if my PD date becomes current so be it.. i won't apply for I485. i will finish school and come back to my employer. since my PD date would still be current (current cant go backwards) then i would apply for I485 and AOS.

c) This is the most crucial one !



Also is there any time lag between getting I485 approved and getting the green card ? I mean is I485 not as good as GC ?! as far as i know approved I485 = EAD
 
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LaborPains said:
I believe F1 is a non-immigrant visa. So you cant have GC in process and still be eligible for F1 visa. Part time is probably your only option.
Click to expand...



Green Card process is based on a future offer. As long as future offer exists you are good to go !
 
TkNeo said:
Green Card process is based on a future offer. As long as future offer exists you are good to go !
Click to expand...
Not so simple if you are applying for F1 status. When applying for an F1, the burden of proof is on you to demonstrate nonimmigrant intent. Having a GC in process is evidence of immigrant intent (although you can get away with it if only the employer filed a I-140 and you didn't file I-485).
 
TkNeo said:
Also is there any time lag between getting I485 approved and getting the green card ?
Click to expand...
Usually not more than a week or two. The big time lag is usually from filing the I-485 until getting it approved (which is often over a year).
I mean is I485 not as good as GC ?!
Click to expand...
No, unless the I-485 is approved. Until it is approved, your employer can still mess up your plans by laying you off (you won't be doomed, but you'll have to find a "same or similar" job before the USCIS inquires about your status).
 
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i agree with jack. part time or executive mba is the way to go.
i did the same thing and had my employer pay for it. it was sweet as most top mba programs dont give scholarships.

PS: dont waste your time going to a bschool ranked higher than 25, you're better off waiting for your gc and then going full time.



Jackolantern said:
One more vote for the part-time MBA ... your employer might even pay for it, at least partially. Changing to F1 after having filed AOS puts you at risk of losing both the F1 status and the AOS.
Click to expand...
 
Thanks for everyone's reply so far. It is very nice of you to suggest part time/executive MBA as an alternate option. I have seen that being mentioned in many threads. I personally find it very discouraging. Ofcourse full time school is never the same as part time school. We should work together to find out a solution.. There has to be some way !

Everyone can have different reasons for wanting an MBA. Some people may be good candidates for Harvard. Their are lots of positions which are in a way reserved for graduates of top 10. There is nothing wrong with having a dream for that. Is that realistic for everyone ? May be not. Some people want to do an MBA just to have a shot at a broader range of jobs. Some people want to do an MBA to get a decent pay hike.. Everyone's reasons are different.

Lets find a way out !
 
Jackolantern said:
One more vote for the part-time MBA ... your employer might even pay for it, at least partially. Changing to F1 after having filed AOS puts you at risk of losing both the F1 status and the AOS.
Click to expand...

One applies for AOS after PD is current right ? I think the main delay is between getting the I140 approved and PD being current... One can do an MBA in that much time. Ofcourse if the PD is current and one has applied for AOS one can just wait for an year or so and get it over with.. Am i missing something here ?

Thanks !
 
TkNeo said:
One applies for AOS after PD is current right ? I think the main delay is between getting the I140 approved and PD being current... One can do an MBA in that much time. Ofcourse if the PD is current and one has applied for AOS one can just wait for an year or so and get it over with.. Am i missing something here ?

Thanks !
Click to expand...
OK, let's say you apply for F1 status, and there is an approved LC and a pending or approved I-140 in your name.

Scenario 1: F1 is rejected outright because they see the LC and I-140 as immigrant intent.

Scenario 2: F1 is approved, then you travel outside the US, or apply for on-campus employment, or for some other reason the USCIS takes a second look at your case. They realize your F1 was granted in error and revoke it. Now you have no legal status.

Scenario 3: F1 is approved, USCIS gives you no problems, then when your priority date becomes current you apply for the I-485 and everything goes as planned.

Scenario 4: F1 is approved and USCIS gives you no problems. You start studying full time. But management changes at your company, and since you are not currently an employee they decide to discontinue your green card process.

Of course, you're hoping for scenario 3. But you're relying on a lot of luck for that to happen. If the MBA is at a top tier school, going full time may be worth the risk because the degree is likely to open up big new opportunities in the US or overseas. But otherwise, it looks like a big risk for a small reward (the "reward" of studying full time at a school that isn't top rated).
 
Jackolantern said:
Of course, you're hoping for scenario 3. But you're relying on a lot of luck for that to happen. If the MBA is at a top tier school, going full time may be worth the risk because the degree is likely to open up big new opportunities in the US or overseas. But otherwise, it looks like a big risk for a small reward (the "reward" of studying full time at a school that isn't top rated).
Click to expand...

Yeah that makes sense. Risk reward scenario probably not the best if one ends up in non top 10....Good point.

Ok how about this... Lets say i get the F1 and i start studying full time. For some weird reason , while i am in the middle of my education, they reject my F1. Now i go back to my employer. Lets assume the employer is not going to screw you over (lets just assume this). I ask the employer to get me an H1. Since i had an H1 before so i don't get counted towards the cap and this process is just a formality...Would this work ? Do i have to wait until october for the H1 to kick in ?

Also once F1 is approved i dont see any chances of F1 getting rejected unless you leave country. On campus jobs don't get evaluated by the USCIS is what my understanding is... I have had many jobs when i was on F1 before. Have you known some one who's F1 got rejected once they applied for a job ?!?!


Scenario 1 - should not be a problem. One would not quit their job unless they had F1. But we all must agree that chances of getting F1 after I140 has been approved diminish highly !


Scenario 2 - not sure if this is true.
Scenario 3 - ideal
Scenario 4 - Again it depends on the individual's situation. Just to give you an example. ..I work at a hedge fund that has 13 employees. Nothing is ever going to change... :) I wish something ever changed !
 
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Just to add some more info i found --

Lets say one has H1B, LC, I140 and I485 (pending), EAD, employer continues the GC process and you join school on that and not apply for F1. That would cause problem as one would not able to do an internship which is the most important part of the MBA...

For internship you would have to apply for F1 and the same story all over again !
 
TkNeo said:
Just to add some more info i found --

Lets say one has H1B, LC, I140 and I485 (pending), EAD, employer continues the GC process and you join school on that and not apply for F1. That would cause problem as one would not able to do an internship which is the most important part of the MBA...

For internship you would have to apply for F1 and the same story all over again !
Click to expand...

First of all, I am pretty sure that you cant start a full-time program without an F-1 visa.
 
TkNeo said:
Scenario 4 - Again it depends on the individual's situation. Just to give you an example. ..I work at a hedge fund that has 13 employees. Nothing is ever going to change... :) I wish something ever changed !
Click to expand...
A small company like that can easily get bought.
 
TkNeo said:
Lets say one has H1B, LC, I140 and I485 (pending), EAD, employer continues the GC process and you join school on that and not apply for F1. That would cause problem as one would not able to do an internship which is the most important part of the MBA...
Click to expand...
If you have an EAD you'll be able to do the internship. But if you're already employed full time, the internship doesn't have as much value.
 
Jackolantern said:
A small company like that can easily get bought.
Click to expand...

It is a hedge fund. They don't get bought out ! If they keep making money they keep running. If they keep losing money they shut down ! But again i am not too concerned about that !
 
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Jackolantern said:
If you have an EAD you'll be able to do the internship. But if you're already employed full time, the internship doesn't have as much value.
Click to expand...

But the internship will be in the same field as what one wants to do post MBA and the full time job one has already is not essentially the same !
 
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