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Immigration Issues/Studying full-time while I485 pending

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Question
I am currently on L1B and have been applying for GC through my current employer. My current status: I140/I485 filed in July 2007, I140 approved, I485 pending, have EAD/AP
I am going back to school this fall to study full-time in business school. I have been told that since I have applied for I140(immigration petition), my application to F1 will get rejected because of dual intent. Therefore, I must go back to school with my I485 pending status/EAD.

My question is:
1. Can I leave my current employer and study full-time while I485 is pending?
2. Do I need to obtain a future job offer from my current employer and provide this to INS as a proof that I will have a job?
3. Do I need to start working immidiately once my I485 goes under review? If so, do I need to work full-time?
4. How long do I need to work in the position?

I really appreciate your quick response.
Thank you so much.

Answer
Hi,

As long as you have the support of your employer, you are not required to be employed by the sponsoring employer while I-485 is pending. Your employer should have the intention to employ you on a full-time basis when your I-485 is approved, and your intention should be to work full-time for the employer as well when I-485 is approved. The USCIS may ask for a letter from the employer confirming its commitment to employ you prior to I-485 approval.

You can study full-time without any problem. You should start working full-time for the sponsoring employer immediately when your I-485 is approved. If you want to work prior to that, you can work on EAD (or you can also work on L-1B status as long as you continue to extend your L-1B status).

I recommend that you work for the sponsoring employer for at least one year after I-485 approval.

Regards,
Ajay K. Arora, Esq.
www.h1b1.com

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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