mangodb Posted May 14, 2013 Report Share Posted May 14, 2013 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. Link to comment
JoeF Posted May 14, 2013 Report Share Posted May 14, 2013 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. Link to comment
mangodb Posted May 14, 2013 Author Report Share Posted May 14, 2013 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 Link to comment
JoeF Posted May 14, 2013 Report Share Posted May 14, 2013 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. Link to comment
ineedgc555 Posted May 14, 2013 Report Share Posted May 14, 2013 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? Link to comment
JoeF Posted May 14, 2013 Report Share Posted May 14, 2013 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. Link to comment
mangodb Posted May 14, 2013 Author Report Share Posted May 14, 2013 Joe, Can we stay out of the country until our priority date becomes current in GC process Link to comment
shandan Posted May 15, 2013 Report Share Posted May 15, 2013 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. Link to comment
shandan Posted May 15, 2013 Report Share Posted May 15, 2013 @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! Link to comment
JoeF Posted May 15, 2013 Report Share Posted May 15, 2013 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. Link to comment
dream16 Posted May 15, 2013 Report Share Posted May 15, 2013 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. Link to comment
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