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Posted on 24 Jul 2009
Q.

Attend full time school on AOS / H4

I-485 pending since July 07 (EB2, India). PD is Sept 06. I-140 was approved in Nov 06. I have EAD/AP that I have never used. I have been working on my H1 since 2004.

I want to start full time B-school this fall. My goal is to complete MBA and keep my GC process alive. I am planning to do the following:

1. Get a Leave of Absence letter from my employer in case there is an RFE on I-485 during school
2. Apply for COS in the US from H1 to H4 before starting school (as a back-up)
3. Attend school on either AOS or H4 status
4. Post MBA, file a new labor and I-140 and port PD

Do you see any flaw with my plan? Will I be able to use my EAD to do a summer internship next year or will it be a violation of my H4 status. After I do the above, is my status AOS or H4 or both?

User's Location: Boston, Massachusetts, United States of America
Category: Employment-based Green Card
Posted on 27 Jul 2009
A.
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Dimitar Michailov
Immigration Lawyer
Capitol Immigration Law Group LLC
(888) 878-4721

www.cilawgroup.com

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