Sc

Dear experts,

I wonder if you can help me on the following issue:

I am a H1B worker in the middle of green card process.
My I485 was filed and I am waiting for its approval. Recently,
a Univ. of top prestige accept my application for its PhD program.
This offer won't be retained till next calender year.
I plan to quit my job and go to that school Aug 2003 the latest.
Since there is a huge backlog in the I485 queue. It is very unlikely
that it can be approved by that time.

I have some very vague idea that after 180 days of filing I485,
you can actually not work for any employer as long as obtain
a offer letter showing "future employment" in same field, is it ture?

My question is,
Is it possible to quit my job and go to school without giving up my
green card process ? if yes, what do I need to do, and what are my
options in this case?

Thanks a lot!

Hnchoksi

    >Subject: quit job after filing I485
    >From: [email protected] (sc)
    >Date: 11/26/02 3:11 AM Eastern Standard Time
    >Message-id:
    >Dear experts,
    >I wonder if you can help me on the following issue:
    >I am a H1B worker in the middle of green card process.
    >My I485 was filed and I am waiting for its approval. Recently,
    >a Univ. of top prestige accept my application for its PhD program.
    >This offer won't be retained till next calender year.
    >I plan to quit my job and go to that school Aug 2003 the latest.
    >Since there is a huge backlog in the I485 queue. It is very unlikely
    >that it can be approved by that time.
    >I have some very vague idea that after 180 days of filing I485,
    >you can actually not work for any employer as long as obtain
    >a offer letter showing "future employment" in same field, is it ture?
    >My question is,
    >Is it possible to quit my job and go to school without giving up my
    >green card process ? if yes, what do I need to do, and what are my
    >options in this case?

What visa staus do you plan on having while you are getting your PhD? You
have to have some status as an employee in order to have an active I-485...as
soon as you apply for an F-1, your AOS would be null and void. better to find a
job and finish the process. Remember, since you have already demonstrated
immigrant intent, getting an F-1 will be darn near impossible...

Sylvia Ottemoeller

"sc" wrote in message
news:[email protected]...

    > I wonder if you can help me on the following issue:
    > I am a H1B worker in the middle of green card process.
    > My I485 was filed and I am waiting for its approval. Recently,
    > a Univ. of top prestige accept my application for its PhD program.
    > This offer won't be retained till next calender year.
    > I plan to quit my job and go to that school Aug 2003 the latest.
    > Since there is a huge backlog in the I485 queue. It is very unlikely
    > that it can be approved by that time.
    > I have some very vague idea that after 180 days of filing I485,
    > you can actually not work for any employer as long as obtain
    > a offer letter showing "future employment" in same field, is it ture?

Not only are you supposed to have a letter confirming your employment in
*the same occupation* as that of the I-140 on which the I-485 was based, you
are supposed to begin working in a permanent position at that employer.
Starting a degree program would be a clear violation of the law.

This is not to say you might not be able to "get away with it." However,
you are risking your whole future, including possible loss of U.S.
citizenship later on, if it comes to light that you obtained permanent
resident status fraudulently.

    > My question is,
    > Is it possible to quit my job and go to school without giving up my
    > green card process ? if yes, what do I need to do, and what are my
    > options in this case?

Sc

Thank you very much for your answer Hnchoksi.

I am not sure if I phrase it right, but my problem is not my job and
time.
I have to accept offer from school before my GC can be ready.


After AOS (I485), you are in ajustment status. So It is OK is you
don't
have to keep another valid status unless you want to play safe.
I am not sure if you need mantain a F1 to attend school while your are
AOS.
I know you don't need a unexpired H1 to continuing working once 485 is
filed.

The question is that will you allowed to change what you are doing.
As far as INS's concerned, if you can prove that you *can* easily find
a similar
job after filing 485 half year later (so called "future emplyment"),
they won't void you application, while you *don't* have to employed. I
think the whole idea is that as long as you are still in demand, they
don't care to issue you green card to allow permenent stay.

The tricky part come from the another end: Also in INS perspective,
you suppose to work for your employer after green card granted. That's
the original point of employment based, thus you are allowed to stay
and work permenently since the company need you, after your 6 years
maxium H1 term.
As you can tell, these are two controversal views and interpretion of
INS laws, unfortunately, the regulations are not so clear to this
point, at least to me.

Dealing with your employer persuading them not to withdraw your green
card application while you are about leaving is another issue.


Please let me know if my above understand is wrong, which may well be
the case.
All the people I know of stuck with their jobs till final approval,
they must do
that for a good reason. But I just want to know all the rules of the
game and see if there is any legitimate altnative choice.

Thaks for your comments!




[email protected] (Hnchoksi) wrote in message news:...
    > >Subject: quit job after filing I485
    > >From: [email protected] (sc)
    > >Date: 11/26/02 3:11 AM Eastern Standard Time
    > >Message-id:
    > >
    > >Dear experts,
    > >
    > >I wonder if you can help me on the following issue:
    > >
    > >I am a H1B worker in the middle of green card process.
    > >My I485 was filed and I am waiting for its approval. Recently,
    > >a Univ. of top prestige accept my application for its PhD program.
    > >This offer won't be retained till next calender year.
    > >I plan to quit my job and go to that school Aug 2003 the latest.
    > >Since there is a huge backlog in the I485 queue. It is very unlikely
    > >that it can be approved by that time.
    > >
    > >I have some very vague idea that after 180 days of filing I485,
    > >you can actually not work for any employer as long as obtain
    > >a offer letter showing "future employment" in same field, is it ture?
    > >
    > >My question is,
    > >Is it possible to quit my job and go to school without giving up my
    > >green card process ? if yes, what do I need to do, and what are my
    > >options in this case?
    >
    > What visa staus do you plan on having while you are getting your PhD? You
    > have to have some status as an employee in order to have an active I-485...as
    > soon as you apply for an F-1, your AOS would be null and void. better to find a
    > job and finish the process. Remember, since you have already demonstrated
    > immigrant intent, getting an F-1 will be darn near impossible...

Sc

"Sylvia Ottemoeller" wrote in message news:...
    > "sc" wrote in message
    > news:[email protected]...
    >
    > > I wonder if you can help me on the following issue:
    > >
    > > I am a H1B worker in the middle of green card process.
    > > My I485 was filed and I am waiting for its approval. Recently,
    > > a Univ. of top prestige accept my application for its PhD program.
    > > This offer won't be retained till next calender year.
    > > I plan to quit my job and go to that school Aug 2003 the latest.
    > > Since there is a huge backlog in the I485 queue. It is very unlikely
    > > that it can be approved by that time.
    > >
    > > I have some very vague idea that after 180 days of filing I485,
    > > you can actually not work for any employer as long as obtain
    > > a offer letter showing "future employment" in same field, is it ture?
    >
    > Not only are you supposed to have a letter confirming your employment in
    > *the same occupation* as that of the I-140 on which the I-485 was based, you
    > are supposed to begin working in a permanent position at that employer.
    > Starting a degree program would be a clear violation of the law.


I didn't realize that you must *intend* to start with your new job
soon, used to as long as you can prove an offer when INS is
questioning. Thanks for the notice.

    >
    > This is not to say you might not be able to "get away with it." However,
    > you are risking your whole future, including possible loss of U.S.
    > citizenship later on, if it comes to light that you obtained permanent
    > resident status fraudulently.
    >

I'd like to play safe and conservative. It is not worth to risk trying
to breach the law. Any suggestion of what kind options I have at this
point? I just want to save my last 2 years' effort for GC. It is
really annoying to start those things all over again several years
later. But I will do if there is no other way.

Thanks again!