Permanent residence Vs Student Visa

[moneyball]

All,

I recently got married and my wife is a US Citizen. Currently, I work on a H1B work visa and am preparing my application for marriage based permanent residence filing. The complication is that I have been admitted to a full-time MBA program and will be joining the program. The program starts soon in May and I think at that time my permanent residence application will be in processing. Here are my questions:

Scenario 1

- I get a student visa (F1) for the MBA program and wait to file for the permanent residence. The problem with this is that student visa is a non-immigrant visa and this might create problems with my permanent residence application later on. Also, I want to get done with the permanent residence process as soon as possible.

Scenario 2

- I file for my permanent residence and don't get a student visa. By the time school starts my application will be in processing. Can I study full time with waiting for a decision status on my permanent residence application?

Please advise in case anyone has gone through a similar situation.

Thanks in advance!

-G

[JoeF]

You will have a hard time getting an F1 to begin with, being married to a US citizen. That indicates immigration intent right there.

A pending I-485 keeps you legal and you can of course study while having an I-485 pending.

[my2239]

Your guess is correct w.r.t conflict of immigrant intent

This is what I would suggest

Go on a unpaid , approved long term leave of absence from your current H1 employer

Pursue your full time MBA while you apply for a Permanent Residence

When you get your Green Card, your H1 is automatically deactivated

If there is any question, you can show that you went on an unpaid leave of absence

Even safer approach could be to postpone your MBA, exit the country, file for a Consular processing of your family based immigrant visa

If you get the visa approved, you can come in with a green card

If not, you can always come back and work on H1B, refile your GC form within USA, satisfying any missed criteria from earlier application

[moneyball]

Thanks JoeF - I'll file for EAD, adjustment of status and advance parole. Does that mean if I can get my appication submitted and get a receipt # before I start my school, I'm good to study full time on a pending i-485 decision status?

Thanks my2239 - I won't be able to go on an unpaid leave with my employer and it will be very difficult to get the admission deferred. Even if I get it deferred, I'll have to wait another year to start MBA. It will be best if I can somehow start the program now on a F1 or pending i-485 status. Although the pending i-485 status seems like a more reasonable way to me.

Thanks again!

-G

[JoeF]

Thanks JoeF - I'll file for EAD, adjustment of status and advance parole. Does that mean if I can get my appication submitted and get a receipt # before I start my school, I'm good to study full time on a pending i-485 decision status?

Yes.

You can not work on campus, e.g., as TA, until you have the EAD. But you are legal and can study just fine with the I-485 receipt notice.

[moneyball]

Thanks JoeF. I really appreciate your prompt reply!