Query on GC filed

[mangodb]

I have filed my GC on OPT EAD and labor is approved and I- 140 is in process. I will apply for H1 next year. If my applicaiton didnt pickedup in the lottery, I am planning to apply for my masters.

Will that a problem to do masters , since my GC process is initiated, because student visa is a non immigratant visa.

Can you please suggest if there are any other alternatives other than doing masters.

[JoeF]

With a pending I-140, it is unlikely that you would be able to continue on F1.

Also, you should not leave the country, because you would likely not be allowed back in on your current F1 visa, again, due to immigration intent.

[mangodb]

Thanks for the reply Joe.

1. If in case if my i 140 is approved before I apply for my masters. Can i able to do masters?

2. Can i stay out of the country for one year after I140 approval , since GC is for future employment?

can you please suggest

[JoeF]

Neither doesn't matter. The question on the form is "Has an immigrant petition ever been filed for you?"

The I-140 is an immigrant petition. Approved or not doesn't matter. The fact that it has been filed matters.

[ineedgc555]

With a pending I-140, it is unlikely that you would be able to continue on F1.

Also, you should not leave the country, because you would likely not be allowed back in on your current F1 visa, again, due to immigration intent.

Joe, I agree with what you said but in this case he will not be applying for COS so how will they know that he has an intent to immigrate?

[JoeF]

Joe, I agree with what you said but in this case he will not be applying for COS so how will they know that he has an intent to immigrate?

On the I-20, he has to sign that he wishes to stay temporarily in the US. If he lies, that's a felony.

[mangodb]

Joe, Can we stay out of the country until our priority date becomes current in GC process

[shandan]

Joe, I agree with what you said but in this case he will not be applying for COS so how will they know that he has an intent to immigrate?

The intent to immigrate is established by I-140 (Immigration Petition), I-485 COS / Consular processing are merely converting the status to premanent resident. So filing an I-140 is establishing immigration intent.

[shandan]

@studentvisa12345

Now that your I-140 is filed, getting a F-1 is out of question.

So your options are pretty much H-1B or family based visas, so once your F-1 is over you can go back to your home country and file for H1 again in 2014 or wait for your PD to be current then file for consular processing if you are out of US or I-485 if in US at that time.

Or may be try to get a job in some university and have them file a non-cap H1B.

Good Luck!

[JoeF]

Joe, Can we stay out of the country until our priority date becomes current in GC process

Yes, but the job offer from the employer has to continue to exist.

For Consular Processing, a notarized job offer letter has to be presented.

[dream16]

Well, looks like this guy in here tried to play it too cool or extra smart way too early in the game and now since he gets to know the real picture, the obvious hesitancy comes into play. Think before randomly applying for these things as immigration is no more a joke.