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Robert Kumar
01-02-2011, 01:25 PM
Hi,

Here is a question.
Can somebody join an MBA program full time at one's own expense, while on H1B and with 485 pending.
I can see more scope in my company if I have an MBA. Also company is not doing very well.
So, can I join a school till I get my MBA.
How does this reflect on my H1B and pending GC, if company is not paying my salary. I plan to take leave and come back again after the program, but be on payroll.

Thank You,
Bobby.

vinzak
01-02-2011, 02:07 PM
You will need to switch to an F1 (Student Visa). You cannot enroll for a full time MBA course on an H1. The college you enroll in will insist on an F1.

As for the GC application, it is for future employment. Meaning that if you company is willing to hire you back once you get your GC and they don't withdraw the I-140, then the application can continue.

However, I think that if and when yr GC gets approved, you will mostly likely have to abandon full time studies and go back to working full time for yr company right away. I only think this and I'm not sure.

PHANI_TAVVALA
01-02-2011, 03:55 PM
Adding to what Vinzak mentioned above, you will have hard time converting to F-1 since your I-140 is filed/approved. F-1 requires non-immigrant intent and filing I-140 shows immigration intent. There is a high chance your H1B to F1 COS wiil not be approved by USCIS.

Desertfox
01-02-2011, 05:12 PM
School has no interest in insisting on a specific immigration status when you meet the admission requirements and pay your tuition. With I-485 receipt most colleges will accept you as a resident student without any issues.

However, I think you have to let the H1 status go when you leave your current position, and that should not matter as you have the option to get EAD for any future work.

GC is for future employment, and with the current backlog in EB3-I you will easily finish your MBA before you get your GC. Hence, go for it and good luck!

vinzak
01-03-2011, 02:36 AM
School has no interest in insisting on a specific immigration status when you meet the admission requirements and pay your tuition. With I-485 receipt most colleges will accept you as a resident student without any issues.

However, I think you have to let the H1 status go when you leave your current position, and that should not matter as you have the option to get EAD for any future work.

GC is for future employment, and with the current backlog in EB3-I you will easily finish your MBA before you get your GC. Hence, go for it and good luck!

If a student is taking more than 18 hrs in credits, the school is liable to make sure the student's immigration status is legit. So the school does have an interest. I'm not sure if you did Master's or when you did it. But under SEVIS, the liability schools have on foreign students are far more stringent than before.

Desertfox
01-03-2011, 03:19 AM
SEVIS applies to F, M and J nonimmigrant students irrespective of undergraduate or graduate studies. I don't think Robert Kumar should consider F1, because he already has AOS pending status and not considered a nonimmigrant student anymore. Its no different than a permanent resident applying for a F1 visa. BTW, I took more than 18 credits in year 2010 @ resident tuition rate with my I-485 receipt, and received federal student loan as an eligible non-citizen with my AP stamp on passport. From what I heard on this forum, some universities are reluctant in considering AOS for resident tuition rate, but one can get help from the justice department in such cases. Here in Arizona all state universities accept AOS as equivalent status of a permanent resident.

Robert Kumar
01-03-2011, 10:51 AM
SEVIS applies to F, M and J nonimmigrant students irrespective of undergraduate or graduate studies. I don't think Robert Kumar should consider F1, because he already has AOS pending status and not considered a nonimmigrant student anymore. Its no different than a permanent resident applying for a F1 visa. BTW, I took more than 18 credits in year 2010 @ resident tuition rate with my I-485 receipt, and received federal student loan as an eligible non-citizen with my AP stamp on passport. From what I heard on this forum, some universities are reluctant in considering AOS for resident tuition rate, but one can get help from the justice department in such cases. Here in Arizona all state universities accept AOS as equivalent status of a permanent resident.

All,
Thank you.

So are you saying I can join school, not get paid by employer during full time study of MBA and still maintain status. And will not face any problem in my 485 approval.
And that I dont need to change to F1 status. I really dont need aid. I'm ok with paying my tuition, as long as my status is maintained.
My EB3 will take some more time.

vin13
01-03-2011, 11:29 AM
Here is my 2 cents

You need to consider school and Green Card as separate issues.

The school will consider your application just how they would for a US resident/Citizen based on your pending Green Card. There is no need to change your status to F1. F1 will make it even worse as you will now be a international student (with higher fees) and loose your dual intent status.

Now, you need to make sure how you would be able to maintain your pending GC status. You will loose your H1 status once you stop working and your status will be "pending AOS". What if you get an RFE? Would you be able to prove that your employer will be still sponsoring your GC?. These are some basic questions that you really need to ask yourself and make sure you have it all covered.

glus
01-03-2011, 12:15 PM
You will need to switch to an F1 (Student Visa). You cannot enroll for a full time MBA course on an H1. The college you enroll in will insist on an F1.

As for the GC application, it is for future employment. Meaning that if you company is willing to hire you back once you get your GC and they don't withdraw the I-140, then the application can continue.

However, I think that if and when yr GC gets approved, you will mostly likely have to abandon full time studies and go back to working full time for yr company right away. I only think this and I'm not sure.

Hello,

Respectfully, but Yinzak is incorrect. While working for a law office, we researched the issue for a client. There is a memo issued by uscis many years ago. There is NOTHING in INA that says that a person on H-1B visa or status can't attend college and the memo states that as long as attendance to college is "incidental" to the H-1B, not a problem. As such, if a person Maintains H-1B employment, and all the H-1B requirements continue to exist, one can attend college part of full time. In fact, some colleges offer in-state tuition for H-1B applicants. Changing to F-1 is impossible because of immigrant intent showed by GC petition pending for this person.

Brooklyn college is one that offers in-state tuition for H-1s and does not require change in status at all.

Robert Kumar
01-03-2011, 12:46 PM
Hello,

Respectfully, but Yinzak is incorrect. While working for a law office, we researched the issue for a client. There is a memo issued by uscis many years ago. There is NOTHING in INA that says that a person on H-1B visa or status can't attend college and the memo states that as long as attendance to college is "incidental" to the H-1B, not a problem. As such, if a person Maintains H-1B employment, and all the H-1B requirements continue to exist, one can attend college part of full time. In fact, some colleges offer in-state tuition for H-1B applicants. Changing to F-1 is impossible because of immigrant intent showed by GC petition pending for this person.

Brooklyn college is one that offers in-state tuition for H-1s and does not require change in status at all.

Thanks for information.
So are you saying, the employer need not pay me, while I'm full time in school.
1. How does it effect H1B status.
2. OK, I'm willing to loose H1B status, but can be on EAD. Is that ok, and not work anywhere.
3. I'll convince my employer about this option, and he will in 90% case will say that he'll still sponsor GC.

glus
01-03-2011, 01:03 PM
Going to school itself will not have any effect on your H-1B status. If you stop working for the H1b employer, then your H-1B status is gone. If you have EAD, you can continue working for anyone else. This has no effect on GC processing, as long as you can show that there is the same or similar position for you when they adjudicate your i485. I assume your 485 has been pending for more than 180days and that your I140 is approved. Your new employer, if you leave h-1b, will need to produce a letter that he has a position that is similar in title and duties to the orginal sponsor's position. Only with such a proof your GC can be approved later on. Keep in mind you must keep EAD always if you leave your H-1B employer.