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The mess of simultaneous Green card and MBA applications

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mNeo
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The mess of simultaneous Green card and MBA applications [#permalink] New post   26 Jun 2007, 13:20
This thread might be of little interest to you if you do not have a green-card application going on right now. Or you can read this thread to realize just how fortunate you people are :(

I am sure that a lot of GMATClubbers are internationals working in the US as non-immigrants (H1B). In the July bulletin, almost everybody who was waiting for his/her turn to file a green-card application became eligible to file for the same. So a lot of international MBA applicants would be in the same situation as mine. So, I thought that I should start a thread to discuss our situations and the possible options that we have. I found a BW thread on similar issue, but it doesn't seem to have much life.

I'll start with my case. I am from India, but since my wife was born outside India, we fall under the “EB3 – Rest of the world” category. Our priority date is December 2005. We became eligible to apply for I-485 in the July bulletin, and plan to apply for the same (and EAD) in the first week of July. Due to the flood of applications that USCIS got in June and will get in July, I am not sure when I will get my EAD and the eventual green-card.

I am assuming / hoping that I may get the EAD in 3-6 months (EAD is valid for only one year .. so it won't make sense if it takes more than 6 months to get it). But I have just no idea about the green-card. Since we would belong to the “Rest of the world”, perhaps we'll get the green-card sooner than Indian applicants (As India always reaches its upper-cap) .. but I still am not sure if that “sooner” actually means “within one year”.

Now my MBA application plan is in trouble because of this situation. Because I have applied for a green-card, I am not going to get F1 visa (I have already shown my immigration intent). If I quit my job, I'll lose H1B. Do I lose the EAD and the I485 too? In any case, I really want to ensure that I have a green-card when I am looking for a job post MBA.

One option that I have is: Keep my job, and go on a 2 years studies vacation (or get a similar job on EAD in a company that is willing to let me go for 2 years of studies). I don't know if this option is feasible. Is there any other option for me? Can I go for a full-time MBA after getting an EAD and a pending I485? Don't I need to be working on the same (or similar) job till I get the actual green-card? I am going to be 28 next month (Matriculating when 29) .. and I would not want to postpone my MBA plans by one more year (The age in 3s somehow sounds old)
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mNeo
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[#permalink] New post   26 Jun 2007, 14:02
okay, I heard that once your I485 is pending for 6 months, then you can legally reside in the US even without a job (Unless your I485 is rejected). This makes my situation much simpler than I thought. Is this all correct?

And in what cases does the I485 get rejected? My medicals are done. So as long as I don't have a criminal record, I am good?
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mattyb
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[#permalink] New post   26 Jun 2007, 15:54
Hey mNeo, just wanted to say I wish you the best and hope you get these things figured out and in line soon so you can pursue your studies in the US with your wife. I'm actually in a sorta opposite situation from you. I'm an American citizen, and my wife has had her green card for almost six years now (been living in the US for 13 years). I'm pursuing my MBA in Europe and will be leaving in August. However, the USCIS is the most inefficient, uncaring group of ____(fill in the blank) I've ever encountered in my life. We actually took a case out with our local house of reps office, but even they seem to be defensive of the USCIS...makes me sick. They have been screwing with us for almost a year now and she still doesn't even have an appointment date for her citizenship test. Whenever that happens, she'll still need to apply for a passport, which has become a joke of a process as well, followed by a dependent spouse visa...which she was supposed to do two months ago with me...so, I'm hoping at this point my wife will be able to join me abroad within three months of my leaving, but I'm not holding my breath. It absolutely disgusts me the way these people have no accountability...[/venting] Anyway, again, best of luck!
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ncp
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[#permalink] New post   26 Jun 2007, 16:19
mNeo, I suggested on the other thread that you get expert advice from an experienced immigration attorney. I know the pain of going through the GC process and know whats at stake. Please do not take your chances based on well-meant advice given by others(including me). Fork over some money and get some good legal sense.
mNeo wrote:
okay, I heard that once your I485 is pending for 6 months, then you can legally reside in the US even without a job (Unless your I485 is rejected). This makes my situation much simpler than I thought. Is this all correct?

And in what cases does the I485 get rejected? My medicals are done. So as long as I don't have a criminal record, I am good?
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sangoman
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[#permalink] New post   27 Jun 2007, 22:53
Hey MNeo......I dont know jack **** abt Visa regulations.......but your profile is awesome......hence for purely personal reasons I hope you decide to defer your apps.......ok ok.....I'm just being selfish. let me start my community service by wishing you well......
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gmat_march
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Defer your admits .. [#permalink] New post   28 Jun 2007, 13:16
I just came back after talking to an immigration attorney (and of course paying him big bucks for this). This is what I learnt:

- One cannot study full time and have no job on his EAD, the AOS has to be approved for that to happen. you have to have atleast a part time job with the same job description while you are studying full time.
- In the current scenario - no one knows what the processing times of AOS are going to be (uusually, it takes anywhere between 8 - 12 months to get approoved). If your I140 has not been approved yet, add a couple of months as well...if your name is a common indian name ..add some time for background checks ..(but hey, all processing time estimates are speculations, who thought they could even bring the priority dates to all current ....)
- There is no promise of any extra resources for the USCIS to fasten the processing of applications...

So - if you can, file your AOS and defer your admits.

There is another option, if you are on the Do-mba-go-back-to-india boat ( I have to start my mba next year 'coz HAVE to go back to India after that, I cannot delay it anymore...been here long enuff!!)
File the AOS and hope it goes through before next july. If not, withdraw the AOS and I140.
[I know it does not make sense to even file the AOS when I have to go back - I should probably do some soul searching and revisit my own priorities (India or here ??) ...but some part of me still does not want to loose the opportunity of gc, that people spend years waiting for...]
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Defer your admits .. [#permalink]
28 Jun 2007, 13:16

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