I-485 and MBA

[risk_crisp]

My I-140 has been approved and my I-485 was filed in March this year. I was wondering if I can go to school for MBA next Fall(with my employer's approval) under the pending I-485.

So if my I-485 does not get approved by Fall next year, can I start working part time(15 to 20 hrs/week) for my current employer and at the same time start the FULL TIME MBA? Will this require any adjustment in the H-1B petition?

thanks..

 

[armie]

Short answer is NO. You need a fulltime job at the time of approval if you get RFE.

 

[risk_crisp]

armie,
I work for a reputed organisation and most people(in my situation) do not get a RFE.
My question is, what if you don't get a RFE? Does the INS have any information on my chaging my work hours from full time to part time?
Even with my employer's approval, can it be a problem?

 

[npnjan02]

... I work for a reputed organisation and most people(in my situation) do not get a RFE.

You can't rely on that. RFE are issued almost randomly in regards to EV. You don't know if they will request an EVL just to see if you're still employed with the "reputed organisation".

Just my opinion, not a legal advise.

 

[armie]

armie,
I work for a reputed organisation and most people(in my situation) do not get a RFE.
My question is, what if you don't get a RFE? Does the INS have any information on my chaging my work hours from full time to part time?
Even with my employer's approval, can it be a problem?

You GC application is on the premise that you will work fulltime for the sponsor. If you are not working/working part time might be interperted as fraud.
I'd love to know the name of the organisation that does not get RFE for it's employees.

 

[akansha]

I just wanted to add one more thing. If you get stdy leave or something like that which ensures that you'll be joining the same company after your MBA, then whats the problem. From my understanding, you may or may not work after your I-140 is approved and before I485 is approved. Only at the time of interview or RFE you'll have to verify that you intend to work for the same company after your Green Card is approved. Green Card application is for you future job with that company and not current job. I might be wrong, but I beg you guys to correct me with any rational argument.

 

[armie]

If you get stdy leave or something like that which ensures that you'll be joining the same company after your MBA, then whats the problem.

How does as 'study leave or something' ensure that you'll be joining the same company? AC21 has no provision for taking study leave - it requires the petitioner to be gainfully employed with same or similar job as described in I-140.

Only at the time of interview or RFE you'll have to verify that you intend to work for the same company after your Green Card is approved. Green Card application is for you future job with that company and not current job.

Most immigration decisions are made on the premise that current actions are the best indicator of future. If you are not employed at the time of interview it is hard to prove the intent.

All this arquments are irrelevant if there is no RFE. It is up to the orginal poster if he/she want to take the risk. A good immiration attorney might be able come with some creative ideas.