I-485 applicant studies FT with his job becoming PT & still get the GC!!!

[cligsman]

I-485 applicant studies FT with his job becoming PT & still get the GC. Possible?

Because I applied for the Employment-Based Adjustment of status (I-485), I am eligible for federal educational loans/benefits. However, now I have an I-485 transfer notice indicating that my I-485 file was transferred to the local office to schedule and conduct an interview (May be to verify that I have a FT job in the same category as the 1st job).

I would like to go to college in Jan 2003 but fear that because my job will become PT, I might in effect invalidate my I-485 application.

Is it possible for employment-based I-485 applicant to study in college while his job is PT and still be eligible for the green card (GC)?.

I know the GC is for a future job availability. The current company could issue me that I will work FT permanently after I graduate.

Thanks

 

[Jim Mills]

The job must be a "permanent, full time position". I don't think INS will accept that you will be working full time when you graduate. My suggestion would be to postpone your studies till next year.

 

[cligsman]

You're suggesting to play it safe by postponing. OK

Hello,

Ok. But it seems it will take forever to obtain the I-485 decision because INS keeps making many mistakes on my case.

INS sent me a 2nd Transfer Notice last month (2002) saying that VSC transferred my I-485 file in Dec from VSC to 26 Federal Plaza in NY to schedule and conduct an interview and that my preliminary processing was completed in Dec 2002.

The problem is that the 1st Transfer Notice, received in October (2001), is very similar. It goes as follows:

"On Oct xx, 2001, we transferred your I485 Application to Register Permanent Residence or to Adjust Status to 26 Federal Plaza office for them to schedule and conduct your interview. Scheduling can take several months. That office will notify you when they schedule your interview or take other action on your case."

Please help, I received no help from the National Service Center and even one iio told me it would take 2 years from the 1st transfer notice. But when I went in person to NY, NY office, they told me it will take another 2 years from the last Transfer Notice and that this is Vermont's mistake and that they could do nothing to help me and I have to wait 2 years from the last transfer notice.

Besides, it says on the Transfer Notices that it takes only several months to schedule and conduct an interview or take another action but 1 year after the 1st transfer notice have elapsed, yet there is no final decision. Also, the I-485 receipt (Sep 2000) says it takes 365-540 days but after 2 years, no decision is made!!.

Please help, the mistake is very clear when you just read my 2 contradicting Transfer Notices: The 1st one says that Preliminary processing was completed in Oct 2001 by VSC while the second one says it was completed in Dec 2002 by VSC.

Notice that there is another obvious contradiction here: It is not possible to have 2 transfers to 26 Federal Plaza to occur for the same file. The first Transfer Notice indicated that my I-485 file has already been transferred to 26 Federal Plaza; therefore, it is not possible to have it transferred again to 26 Federal Plaza when it has already moved to this address.


I have applied for Leave of Absence from college twice and need to go to college now and I will definitely work in the same category after I graduate. Please tell me one more time this is not possible. Any suggestions/ideas please?


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