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All other Green Card Issues I-140/I-485, Family Based Green Card

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  #1 (permalink)  
Old 09-24-2008, 12:35 PM
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Default Green Card Pending to F-1

Hi all,

I am sure there are people here who started the green card application process but also wanted to go to school (e.g., for MBA) during the green card process. Is it possible to get an F-1 visa to attend school full-time while your green card is still pending?

I heard during a lawyer's presentation that it is very hard (almost impossible) to get an F-1 visa if you have started the green card application process, since by starting it, you have declared an intent to immigrate.

However, I have also heard that it is easy to get an F-1 visa even after starting the green card application process, but your green card application will be canceled.

Please let me know if you have any knowledge or experience in this. Thanks.
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  #2 (permalink)  
Old 09-24-2008, 12:45 PM
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Default Not Possible

It is not possible to switch to F-1 if one has filed I-140. If you wish to pursue an MBA you basically have 3 choices:
1. US-based part-time program
2. If you are married, you can attend on H-4, with risks of being out of status if your spouse loses employment and the difficulty in obtaining US-based placements.
3. Look outside the US - INSEAD, IMD, MBA-HSG, LBS, ISB, etc. etc. There are very good options outside the US too.

Good Luck!

-N
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Last edited by thepaew; 09-24-2008 at 12:53 PM.
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  #3 (permalink)  
Old 09-24-2008, 03:16 PM
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Default defer

[quote=thepaew;292857]It is not possible to switch to F-1 if one has filed I-140. If you wish to pursue an MBA you basically have 3 choices:
1. US-based part-time program
2. If you are married, you can attend on H-4, with risks of being out of status if your spouse loses employment and the difficulty in obtaining US-based placements.
3. Look outside the US - INSEAD, IMD, MBA-HSG, LBS, ISB, etc. etc. There are very good options outside the US too.

Good Luck!

-N[/QUOTE

here is what I am planning to do. Go ahead and apply. If I get admission and GC does not come through by next fall, simply ask for a deferral. If it is not granted, apply again.
I do not want to reset my GC process.
Anybody getting ready for RI next month?
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  #4 (permalink)  
Old 09-24-2008, 03:31 PM
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Default

Thanks for the clear answer thepaew. That is what I thought. I currently have the opportunity to start the green card process with my employer under EB3 ROW, but I am also planning to go for an MBA in the US within the next few years. I am just into my 5th year of H1. It seems that I should not start the green card process if I am sure about going for an MBA in the US within the next few years. That would be terrible if you get into a school you like but cannot attend since you cannot switch from H1 to F1.
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  #5 (permalink)  
Old 09-24-2008, 03:47 PM
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Default

Quote:
Originally Posted by seba View Post
Thanks for the clear answer thepaew. That is what I thought. I currently have the opportunity to start the green card process with my employer under EB3 ROW, but I am also planning to go for an MBA in the US within the next few years. I am just into my 5th year of H1. It seems that I should not start the green card process if I am sure about going for an MBA in the US within the next few years. That would be terrible if you get into a school you like but cannot attend since you cannot switch from H1 to F1.
Seba,

If you don't plan to start your GC process for the next few years (waiting to enroll in an MBA program), how do you intend to extend your H-1 beyond the alloted 6-year time frame?
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  #6 (permalink)  
Old 09-24-2008, 04:20 PM
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Default I wouldn't advise it

Applying to a top MBA program is quite intense, especially if you come from a competitive applicant pool. eg: laid off investment banker (plenty of those headed to B-school), Indian-engineer, Chinese-anything, etc. Are you sure you want to go through the effort and expense of the application process if you cannot attend? It takes about 3-4 weeks to put a serious application package together - maybe you can put this time to better use by applying to a program that you can actually attend. That can also be a plan-B in case something goes wrong with the GC application.

Think it through and good luck with your decision. Wish you the Best.

Quote:
here is what I am planning to do. Go ahead and apply. If I get admission and GC does not come through by next fall, simply ask for a deferral. If it is not granted, apply again.
I do not want to reset my GC process.
Anybody getting ready for RI next month?
__________________
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DC Rally
Monthly Financial Contributer

Last edited by thepaew; 09-24-2008 at 04:49 PM.
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  #7 (permalink)  
Old 09-24-2008, 04:45 PM
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Default Why not do both?

Hello Seba

If you are from EB3ROW, you may be spared the endless wait that some of us have to endure. You could file for your green card and go to business school in the US after your green card application has been approved.

Another option could be that you can file your labor certification and hold off on filing I-140 until you hear back from B-school about the status of your application. If you are admitted, you can attend. If denied, you can continue the processing of your GC.

I am not an immigration expert - so please seek an attorney's advice.

Wish You the Best

Quote:
Originally Posted by seba View Post
Thanks for the clear answer thepaew. That is what I thought. I currently have the opportunity to start the green card process with my employer under EB3 ROW, but I am also planning to go for an MBA in the US within the next few years. I am just into my 5th year of H1. It seems that I should not start the green card process if I am sure about going for an MBA in the US within the next few years. That would be terrible if you get into a school you like but cannot attend since you cannot switch from H1 to F1.
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  #8 (permalink)  
Old 09-24-2008, 05:12 PM
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sweet_jungle is a jewel in the rough sweet_jungle is a jewel in the rough sweet_jungle is a jewel in the rough
Default no going back

Quote:
Originally Posted by thepaew View Post
Applying to a top MBA program is quite intense, especially if you come from a competitive applicant pool. eg: laid off investment banker (plenty of those headed to B-school), Indian-engineer, Chinese-anything, etc. Are you sure you want to go through the effort and expense of the application process if you cannot attend? It takes about 3-4 weeks to put a serious application package together - maybe you can put this time to better use by applying to a program that you can actually attend. That can also be a plan-B in case something goes wrong with the GC application.

Think it through and good luck with your decision. Wish you the Best.
thanks for your advice. It is still OK if due to GC screwup, I cannot attend rather than my GC comes through next year, and I fret over why I did not apply. of couse, this is a personal choice. But, this is how I have decided to face the situation. I know of people who have applied 3 times and gone through. Also, deferrals for genuine reasons are allowed by schools, though not all.
Also, MBA process is less stressful than say, applying to MS from India. Being in USA for last few years, we now know better about what is what.
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  #9 (permalink)  
Old 09-24-2008, 05:29 PM
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Default

GreenTech, that's a good question. I am considering to transfer to offices in Asia or Europe next year and then attend B-school in the US after 2 years. That way, once I graduate, I will also at least have the option to get another 6-year H1 in the US.

thepaew, thanks for the advice. I have been thinking about this for a while, and my options are:

1) Start the GC process now and wait until I get the GC. Then think about B-school after I get the GC (I am not interested in part-time programs).
2) Forget the GC process and transfer to Europe or Asia next year and then attend B-school in the US after a few years.

Personally for me, having an MBA in 5 years is more valuable than having a GC in 5 years, so I am leaning towards option 2 above. However, if I don't get into B-school, then that's another story... I would probably transfer back to the US on L1 and start the GC process. At that point, I would apply under EB2 anyway with my Bachelor's and 5+ years experience.

Thanks again everyone for the replies and advice. And yes, of course you are not lawyers, but your help is still very useful. During my H1 renewal process, I got more useful info from here than from my company's lawyer!
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  #10 (permalink)  
Old 09-24-2008, 05:44 PM
Member
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thepaew is a splendid one to behold thepaew is a splendid one to behold thepaew is a splendid one to behold thepaew is a splendid one to behold thepaew is a splendid one to behold thepaew is a splendid one to behold thepaew is a splendid one to behold thepaew is a splendid one to behold
Default Good Luck

Okay - Good Luck! I hope that you get your GC and admit soon. Most probably, I am headed to a non-US program next year as I have waited too long for the elusive GC. :-)

Ciao

Quote:
Originally Posted by sweet_jungle View Post
thanks for your advice. It is still OK if due to GC screwup, I cannot attend rather than my GC comes through next year, and I fret over why I did not apply. of couse, this is a personal choice. But, this is how I have decided to face the situation. I know of people who have applied 3 times and gone through. Also, deferrals for genuine reasons are allowed by schools, though not all.
Also, MBA process is less stressful than say, applying to MS from India. Being in USA for last few years, we now know better about what is what.
__________________
--
MA Chapter
DC Rally
Monthly Financial Contributer

Last edited by thepaew; 09-24-2008 at 05:48 PM.
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  #11 (permalink)  
Old 09-24-2008, 05:47 PM
Senior Member
Priority Date
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Mar-06
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I140 Mailed Date
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07/26/2007
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I485 Mailed Date
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07/26/2007
Compare
Join Date: May 2007
Posts: 461
Green.Tech has a reputation beyond repute Green.Tech has a reputation beyond repute Green.Tech has a reputation beyond repute Green.Tech has a reputation beyond repute Green.Tech has a reputation beyond repute Green.Tech has a reputation beyond repute Green.Tech has a reputation beyond repute Green.Tech has a reputation beyond repute Green.Tech has a reputation beyond repute Green.Tech has a reputation beyond repute Green.Tech has a reputation beyond repute
Default

Quote:
Originally Posted by seba View Post
GreenTech, that's a good question. I am considering to transfer to offices in Asia or Europe next year and then attend B-school in the US after 2 years. That way, once I graduate, I will also at least have the option to get another 6-year H1 in the US.

thepaew, thanks for the advice. I have been thinking about this for a while, and my options are:

1) Start the GC process now and wait until I get the GC. Then think about B-school after I get the GC (I am not interested in part-time programs).
2) Forget the GC process and transfer to Europe or Asia next year and then attend B-school in the US after a few years.

Personally for me, having an MBA in 5 years is more valuable than having a GC in 5 years, so I am leaning towards option 2 above. However, if I don't get into B-school, then that's another story... I would probably transfer back to the US on L1 and start the GC process. At that point, I would apply under EB2 anyway with my Bachelor's and 5+ years experience.

Thanks again everyone for the replies and advice. And yes, of course you are not lawyers, but your help is still very useful. During my H1 renewal process, I got more useful info from here than from my company's lawyer!
Seba - It seems like you have done your research and thought this through. I wish you good luck in whatever you pursue. Please don't forget to support IV in its overall goal to make this GC process a 'sane' one!
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