nirman

Hi,
my company wants me to apply for permanent residency. However I think I
might want to go back to student visa after a while. Is it a good idea
to apply for perm. residency in this case. Doesnt this cause the F-1 to
be denied later??

Thanks.

Kevin Keane

I'd need more information here about your actual life plans.

Basically, one thing you need to be aware of is that if they apply for
permanent residency for you now, it will probably be between five and
ten years before you actually have a Green Card.

Until then, you would have to find some other status to remain in the USA.

You are right that in such a case, an F-1 can be very problematic, but
not necessarily impossible.

[email protected] wrote:
    > Hi,
    > my company wants me to apply for permanent residency. However I think I
    > might want to go back to student visa after a while. Is it a good idea
    > to apply for perm. residency in this case. Doesnt this cause the F-1 to
    > be denied later??
    >
    > Thanks.
    >


--
Please visit my FAQ at http://www.kkeane.com before asking a question here.
It may answer your question. Remember, I am strictly a layperson without any
legal training. I encourage the reader to seek competent legal counsel
rather than relying on usenet newsgroups.

nirman

Thanks for your reply.
Well, my application will be PERMed so it may be much more faster (at
least the labour).

I am reasonably assured of my status for as long as I want to stay (but
I do not want to stay permanently -- it is sort of a regular company
thing to have people apply for green card I guess -- which is why I am
doing it)

Going to full time student status is my future plan definitely but as
of now I do not want to let people think that I would be doing this :)

When you say problematic but not impossible do you mean the F-1
applicant can do anything to convince the consulate of his nonintention
of staying back in US?

Thanks

Folinskyinla

Hi:

There is a 1974 BIA case called Hosseinpour. However, most immigration cognescenti don't seem to know about it.

Kevin Keane

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Folinskyinla wrote:
    >>Hi,
    >>my company wants me to apply for permanent residency. However I think
    >>I
    >>might want to go back to student visa after a while. Is it a good idea
    >>to apply for perm. residency in this case. Doesnt this cause the F-1
    >>to
    >>be denied later??
    >>Thanks.
    >
    >
    > Hi:
    >
    > There is a 1974 BIA case called Hosseinpour. However, most immigration
    > cognescenti don't seem to know about it.
    >

I did a quick google search and came up with another post (seems to be
yours, too) that described Hosseinpour in more detail. Quite
interesting; I'll file that away in the category of "interesting to know!"

It seems that this case is somewhat different from the facts in
Hosseinpour, though, as the problem with getting F-1 status back would
be suspicion of immigration intent, not as in Hosseinpour the
presumption that he gave up his F-1 earlier.


- --
Please visit my FAQ at http://www.kkeane.com before asking a question here.
It may answer your question. Remember, I am strictly a layperson without any
legal training. I encourage the reader to seek competent legal counsel
rather than relying on usenet newsgroups.
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Kevin Keane

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[email protected] wrote:
    > Thanks for your reply.
    > Well, my application will be PERMed so it may be much more faster (at
    > least the labour).

All Labor Certifications are now PERM. It doesn't make any difference
for you, because the limiting factor will likely be the quota.

    > I am reasonably assured of my status for as long as I want to stay (but
    > I do not want to stay permanently -- it is sort of a regular company
    > thing to have people apply for green card I guess -- which is why I am
    > doing it)

They are likely doing it for a number of reasons. First, even if you
today say that you don't want to stay permanently, you may end up
changing your mind - and if you do that five years from now, it could be
too late to do anything at all.

Second, unless you have an O-1 or an E-2 (or a few other rare types of
category), you would not be assured of your status for as long as you
want, but only for a few years (five to seven). After that, you would
have to use a Green Card to remain in the USA. A Green Card also gives
you far more security and flexibility.

    > Going to full time student status is my future plan definitely but as
    > of now I do not want to let people think that I would be doing this :)

You could also become a full time student with a Green Card - and that
would give you in-state tuition AND the right to work as much as you like.

    > When you say problematic but not impossible do you mean the F-1
    > applicant can do anything to convince the consulate of his nonintention
    > of staying back in US?

Yes, that is exactly the problem. With a history such as yours: H-1B and
Green Card application in the works, it will be difficult to convince a
consular officer (or USCIS if you do a change of status) that you will
return to your home country upon graduation.

It very much depends on individual factors if you can make it. Your
nationality plays a major role; USCIS is more likely to trust somebody
about immigration intent if he is from a wealthy nation such as Japan or
Australia or France, than somebody from a poor country.

- --
Please visit my FAQ at http://www.kkeane.com before asking a question here.
It may answer your question. Remember, I am strictly a layperson without any
legal training. I encourage the reader to seek competent legal counsel
rather than relying on usenet newsgroups.
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