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Green Card and MBA

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  • Green Card and MBA


    I have a few questions regarding the green card process. I would greatly appreciate your help in getting these questions answered! I am currently working full-time on an H-1B visa (started on Oct 2006, Renewed in 2009, expiring on Oct 2012). I talked to the legal department at work and they told me they would start my green card process early next year. I plan to get an MBA next year - I want to join business school in Fall 2011.

    1) If my green card process gets started in early 2011, can I go to business school in Fall 2011? I believe that if the green card process has started, I can't switch from H-1B to F-1, correct? What would I have to do to go to business school AND continue my green card process?

    2) My employer has a competitive MBA Fellowship program that pays for business school and makes employees sign a contract to come back (to any division within the company) for 3 years. If I get into this program, can I go to business school and have my green card process continue considering I would be coming back? What would I have to do to accomplish this - Get a 2 year leave of absence if the employer agrees? Is there anything else I can do considering I will have signed a 3-year contract to come back?

    3) If it possible for me to go to business school while my green card is in process, what visa would I be on when in business school?

    4) Assuming I don't go to business school - If I file for the green card for my current position, can I switch to another division within the company without the GC process being affected?

    5) Alternatively, if I get an MBA and come back to my employer in a different role, will my GC process be affected?

    Thank you.

  • #2
    There are a lot of issues here and some are complicated. Fro such an important matter, you should hire a competent immigration lawyer to answer your questions- it'll only take about 1/2 hour for about $150.

    The short answers to some of your questions: 1. you can't have immigrant intent while on the F-1.
    2. you can study part time while on H-1B.
    3. PERM/LC constitutes an offer of future employment.