Need to do my MBA

B

BandheHaath

Registered Users (C)
Hi Guys,
I just joined this forum so forgive me if my question is stale as I'll need some time catch up with you guys. My question to all you helpers is................
My company has filed for my I-140 and I-485 concurrently (july2004) but now I want to do my MBA. Is there anyway I can do that ?? I have talked to the universities and they said that they do not have any problem in admitting me but its my responsibility to keep my status alive. Now, my company would not grant me two yrs of study leave so I'll have to quit it and once I quit it I'll lose evrything. So, in this quest , I am not sure what to do. I have a great GMAT score and I dont want to lose it as I have already waited for 3 years and the score is valid for just two more years. Is there anyway out ?? In January I'll complete my 6 months then can I quit the company and go to school from September as the the company can not withdraw its I-140 ??
Any suggestions/comments ???
 
bandhehaath, you either defer your enrollment to next year or forgo your green card application. Of course the best case is that your case may be picked up by the pilot program tomorrow then you get your green card immediately. However, for now you cannot count on it. (check other threads for pilot program in NSC, is there one? sorry i am from CSC)

even though you will pass the 180 days mark next January, it's still a gray area if you can apply AC21 to a pending I140. If you do want to take the risk to apply AC21 after next January, you will have to have a similar and permanant job offer from another company which will sponsor you AC21. If you need to go to school at that time, you may need to transform your GC case into "future GC", meaning you will have to have a permanent/similar job offer at the time your I485 is being approved and you also have the intention to join that company after you get your GC.

It's correct that you need to work with your current employer not to withdraw your I140 for the whole term.
 
Thanks a lot WHORL1QUOTE,
may I ask you what is this Pilot program all about ?? Also, lets say if I quit my company after 6 months and then still manage to keep my house address same then would I still get RFE . Will I not be able to just escape by keeping the address same so that no RFE is issued and I finally get my GC without telling anybody anything. As after 6 months my employer cannot do anything (is this presumption right ??).
 
Do some search to find out more about pilot program in NSC. I am not familiar.
I heard that changing address may increase your chance to get REF. however, it's not guaranteed! You cannot count on it. About 40% chance you will get RFE in general. thus as long as you manage to let your current company not to withdraw I140, you get about 60% to get your approval *quietly*.

Then back to how about the 40%? The *ideal* way is to get your current employer to answer RFE for you. The RFE can be W2s, paystubs and EVL. Your current company may have a little trouble if it's a paystub RFE because they did not have that to send. In that case, they have to prepare a "intention to hire you back permanently letter" to help you through.

If your current company cannot do this for you, then you have to find another company and submit AC21 along with any documents the RFE asked. AC21 may reduce your chance to 80% (my opinion) as compared to having your current employer to reply the RFE. Opening MTR may increase 10% of your AC21 though.
 
bandhehaath, note that you still cannot 100% safely use AC21 before I140 approval. Thus even after 180 days have passed, you are still at risk if they decide to withdraw your case.
 
baath,
My advice to u...If u r desperate for GC...defer enrollment for a year or 2.
In a yr or 2 , hopefully ur 140 and 485 should be approved. then enroll in mba and then u can avail of pell grants and what not grants to ease the financial burden..However, if u get into harvard or yale..then u have a big "sankath" or dilemma...If u feel u have waited for 3 yrs and wouldnt mind waiting for another yr, then wait this out..As far as waiting for 6 mo and getting or not getting 140 and then answering ur RFE, its a very big risk. Post 9/11, universities have a diktat to report to USCIS about international students. Since u dont have a GC, ur admission would be reported to USCIS and if they know of ur student status while u reported a employment status for 140, you might have some issues. But remember that GC is for future employment and if your present employer can still continue ur GC processing, subject to a condition that u join them back, then u might be ok...
Best of luck
 
I personally think if you want to keep your green card app pending, you can't go to B-school now. It is clearly stated that you can use AC21 under two condition: 1. I-140 is approved 2. I-485 is pending for 180 days. If your company is a big company, they will certainly withdraw your I-140 after you leave the company cause they usually are very careful about legal issues and the lawyer always put company's benefit at the first place.

Besides, AC21 states you can change jobs (must be the same type) while I-485 is pending and the grace period is only 1 WEEK. It is another story if you are going to school while I-485 is pending. For example, they may ask you to provide your current payroll record when they process your I-485. You can't provide it if you are in school. Then the result might not be pleasant. Between B school and greencard, you have to choose one now. It is too risky to go to B school now, lots of good b school will agree on extention.
 
Thanks a lot registrationid and honeysusu,
Ya, things are getting compelling for me. Last year itself I had admission from Duke and Yale. I asked for deferment but they denied (not that it would have mattered much !!) and now I have again applied to some better schools for whom I can sacrifice GC as I can get jobs anywhere in the world. But my dilemma is how to do that ? Even if I am ready to put my GC at stake or even dump it but still how can I pursue my MBA. I cannot go for F-1 as I have already shown the intent for immigration. Slowly, I am just draining out of patience. Is there anything in the world that I can do to pursue my dream. Or am I done with all the options here ??????????? What will happen once I get my admission based on I-485 and then later they deny my I-485. Would I have to leave the country immediately or I will get time to finish my MBA atleast ??????????????????????????
 
Question

I know of a guy in an Ivy League who is doing his MBA while his labor is pending - which means that he hasn't applied for his 140/485. I think he is on an F-1. Let me know if I can find out anything more.

Here's my question for you - can you get a study leave for two years from your company? I asked my lawyer that question and he advises against it, citing vague reasons. I'd apprecaite the help.

Here's a

BandheHaath said:
Hi Guys,
I just joined this forum so forgive me if my question is stale as I'll need some time catch up with you guys. My question to all you helpers is................
My company has filed for my I-140 and I-485 concurrently (july2004) but now I want to do my MBA. Is there anyway I can do that ?? I have talked to the universities and they said that they do not have any problem in admitting me but its my responsibility to keep my status alive. Now, my company would not grant me two yrs of study leave so I'll have to quit it and once I quit it I'll lose evrything. So, in this quest , I am not sure what to do. I have a great GMAT score and I dont want to lose it as I have already waited for 3 years and the score is valid for just two more years. Is there anyway out ?? In January I'll complete my 6 months then can I quit the company and go to school from September as the the company can not withdraw its I-140 ??
Any suggestions/comments ???
Click to expand...
 
bandhehaath, going to MBA is definately good. However, do not think you can get any jobs in the world just because you went to top ten. In the past three years I interviewed many top MBAs and they stay in a position that a college graduate can handle. That maybe because of my company's name is very appealing. But considering their investment on the MBA, etc. I am not sure if it's worth your two years + 100k.

Back to attending school while keeping GC going. I think you will be fine using your 485 status to attend school. Just transfer to get F if your 485 really got denied. Meanwhile, keep a permanant offer at hand for any RFE. You get more than 70% chance to get your GC, believe me. Some suggested you to give up your GC right away if you go attend schools. I do think you should at least try before giving it up.
 
Part-time MBA program

Did you consider the option to a part-time MBA program. Now-a-days most of the tier1 and tier2 schools offer evening classes for working professionals. That's what I am doing currently.
 
I do not have that option as I work in Oil Fields and my bases are in small town and nowhere close to the good schools.
 
i feel so sorry for you. yeah, it's a really hard decision. i'm just sharing some of my friend's experience with you, maybe it can help you make your decision:

1. i have two friends who graduated from Duke fuqua years ago and working in investment banking for two years, were laid off after 911 and all got back to HongKong. one worked for a chinese investment banking. the other worked in foreign investment banking and during these three year he changed three banks due to laid off.
2. my husband graduated from Yale SOM, working in investment banking. got laid off after his com moved him from ny to chicago. and stayed at home for almost a year (change from H1 to H-4) and get another job in fixed income in new york. have to depend on me to get the greencard.
3. one graduated from u michigan b school, investment banker, laid off, have to go back to china and still hanging around.

you can change your F-1 and give up your gc app. but if you want to work in the usa after you graduated from b school, you still need to go through the same sh**. or you can take the risk keep the 140&485 app and go to b-school, hopefully your comp. will not withdraw your 140 app. you can work with some fake payroll for 485 if they need it afterwards. there is always a way, i'll pray for you.
 
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