Part time sudent while on H1 and possible layoff

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rocky
Posts: 4
Joined: Mon Feb 25, 2008 12:03 am

Part time sudent while on H1 and possible layoff

Post by rocky »

Hi,

I am a Canadian citizen and I have been on H1 visa for 4.5 years. My employer filed LC for me few weeks ago and I also got accepted into a part time MBA program in California.

There is a very good chance that I will be laid off before my GC process is done, so I am trying to see what is the best course of action in the case I get laid off.

I am mostly worried about my MBA school, I don't really mind getting laid off if I could somehow still take classes because I am changing my career after MBA anyways. The school won't let me switch to full time program for F1 visa.

Is there a visa that will let Canadians study in the US part time that is not TN or H1? It's a weekend program, so could I live in Canada and just fly there from Vancouver, for example, every couple of weeks to take classes for a day? This would be ideal for me if it's possible.

If this is not possible, could I come back with TN visa as long as I don't start I-485 (AOS)? (I've only started LC so far). I've been hearing conflicting reports whether it is the LC or I485 that shows your immigrant intent.

Any other suggestions?

Thanks for your help.

Rocky
nelsona
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Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Post by nelsona »

You have a couple of issues.

First, if you are laid off before FILING your I-485, you will need another job to even stay in US, let alone study part-time. You would need another TN or H1 sponsor, since you cannot get a student visa. If the school is more than 100 miles from the border you cannot attend on a 'tourist' visa as you propose. It is also unlikley that you would then be able to file I-485, since you would have no US status for the time period required to file I-485 and stay in US until EAD and AP are awarded (3 months).

Now, if you are laid off AFTER filing I-485, you are in 'adjustee' status until your case is decided. You would have applied for EAD and AP along with your I-485, so could literally do what you want EXCEPT that you would really need to be finding a new sponsor, since your I-485 would really be in jeopardy since you ahve no sponsor. This could either be on your EAD or your H1 (not a TN, since your I-485 would preclude TN)

So, really, to continue going to school after lay-off and before GC, you need another job and sponsor.
nelsona non grata. Non pro. Please Search previous posts, no situation is unique as you might think. Happy Browsing :D
rocky
Posts: 4
Joined: Mon Feb 25, 2008 12:03 am

Post by rocky »

Thanks for the response.

Would the filing of LC disqualify me from another TN?

If I can still get the TN, can I postpone the filing of I-485 until about 6 months from my H1 expiration? Since my company makes us give up H1 status when I-140/I-485 is filed, I wouldn't have to worry about the 7-th year H1 rules?

Thanks,
Rocky
nelsona
Posts: 18314
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Post by nelsona »

You can still get TN after PERM is filed. In fact you can even get TN after I-140 is approved, so this is not an issue (you do need to file I-140 within 6 months of PERM approval).

I'm unclear on your premise that you think you are about to be laid-off and yet you are wondering about what will happen a year from now.

There are protections that you can avail yourself of by filing I-485 (called AC21) that are tailor-made to your situation, that I would bw filing I-485/I-765/I-131 as soon as possible, with your I-140 if possible. But they will alll require that you fins another job in your current field if you are laid off.

You need to get your I-140 approved, and have 6 months of I-485 under your belt BEFORE the lay-off, to be in good shape for GC.

If all you are interested in is going to school and changing careers, don't bother with the GC
nelsona non grata. Non pro. Please Search previous posts, no situation is unique as you might think. Happy Browsing :D
rocky
Posts: 4
Joined: Mon Feb 25, 2008 12:03 am

Post by rocky »

Nelson,

I would like to get a GC so that when I finish my MBA I can get a job in the US without needing a visa. But I also don't want to be stuck in a situation where I file my I-485, 2 months later I get laid off and if I can't quickly find a job I have to go back to Canada. Then I wouldn't be able to come back on a TN with another employer to finish the MBA program. I would also have to stay in Canada for 1 year to reset my H1 clock, and even then, there is no guarantee that I would be granted H1 visa since they run out so fast.

The reason I am asking this is that there is about 50-60% chance that I will get laid off in 2008, so I just wanted to see what my options were with regards to the MBA program in case that happens.

Thanks for your help,
Rocky
nelsona
Posts: 18314
Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Post by nelsona »

In short, you can't have it all.

The only way you will get a GC is to
a. have this company file I-140/I-485 and keep you until GC
b. Have this company file I-140/I-485 and keep you 6 months after I-140 is approved, and then you find another sponsor
c. Find another firm now and file from start with them.


To keep going to school you need a,b, or c above
OR
d. you forget I-485 for now and work on one or more H and/or TN jobs and hope to find another sponsor with a new process later.
OR
e. convince the school to give you j or F status.
nelsona non grata. Non pro. Please Search previous posts, no situation is unique as you might think. Happy Browsing :D
rocky
Posts: 4
Joined: Mon Feb 25, 2008 12:03 am

Post by rocky »

Hi Nelson,

Yes, I'm at the point now where I'm going to delay the GC process until the job situation is more clear which is what you described in option D.

Thanks,
Rocky
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