study while status is pending

[WafaaIssa 0]

Hello there, 

anyone have any information about being able to study in the US while the green card application is pending with originally tourist visa?

any information is highly appreciated. 

[payxibka 10,045]

22 minutes ago, WafaaIssa said:

Hello there, 

anyone have any information about being able to study in the US while the green card application is pending with originally tourist visa?

any information is highly appreciated. 

No problem 

[WafaaIssa 0]

1 minute ago, payxibka said:

No problem 

does this mean I can? thanks 

[payxibka 10,045]

3 minutes ago, WafaaIssa said:

does this mean I can? thanks 

If you can afford the tuition and the school accepts you.  Study away.

[wagecuck3 31]

You can do it, but it's considered a violation of the terms of your B visa. Because you've already filed the I-485, the violation will not count against you on this application, but if for some reason you don't get approved and you find yourself applying for a new visa in the future, you have to disclose this violation on the application forms.

 

[pablo2752 106]

You can do pretty much anything that is not illegal while you are AOS, but I would not do it. In case your AOS is denied you need to bounce back to your status, and studying would be a violation to your B1 terms. 

[fs2439 46]

19 hours ago, pablo2752 said:

You can do pretty much anything that is not illegal while you are AOS, but I would not do it. In case your AOS is denied you need to bounce back to your status, and studying would be a violation to your B1 terms. 

Can you bounce back to your original status if I485 gets denied?

[pablo2752 106]

1 hour ago, fs2439 said:

Can you bounce back to your original status if I485 gets denied?

Thats what happens,given that you haven't done anything that violates your visa term.

[fs2439 46]

4 minutes ago, pablo2752 said:

Thats what happens,given that you haven't done anything that violates your visa term.

What if you're in the process of applying for an extension/ammendment of underlying Visa status?

[pablo2752 106]

1 minute ago, fs2439 said:

What if you're in the process of applying for an extension/ammendment of underlying Visa status?

You mean what if you apply for I-539 for extension of your non-immigrant visa simultaneously with I-485? Your I-539 will definitely be rejected because of your immigration intent by filing I-485. 

 

Just don't bother, dude. You can learn whatever you want with plenty of online materials these days..

[wagecuck3 31]

2 hours ago, fs2439 said:

Can you bounce back to your original status if I485 gets denied?

There's no "bouncing back". Filing an I-485 doesn't alter your status while it's pending or if it's denied. Your original status continues, and expires whenever it expires.

The problem is that after filing an I-485, you won't be able to file to change or extend nonimmigrant status in most cases - unless you're changing to, or extending H-1, H-4, L, or K status.

[WafaaIssa 0]

I am married here and my husband also applied for a petition I-130 along with the I-485. I don't think that studying is a problem because working is possible.

[fs2439 46]

5 hours ago, wagecuck3 said:

There's no "bouncing back". Filing an I-485 doesn't alter your status while it's pending or if it's denied. Your original status continues, and expires whenever it expires.

The problem is that after filing an I-485, you won't be able to file to change or extend nonimmigrant status in most cases - unless you're changing to, or extending H-1, H-4, L, or K status.

I can clarify. I am working full time on an O1. I filed NIW in February. Processing times are extremely delayed. I will be in maternity leave until December. After maternity leave, I wanted to work part time, instead of full time. So I would need to amend the O1 or go on EAD/AP (which I already possess). I'm wondering if applying for the amendment would work - first of all because O1 is a bit undefined in terms of being dual intent or not - but also because processing times are so slow these days. The new O1 is just a precaution, in the case that the I140 gets denied. I was wondering: if I go on EAD and I140 is denied, can I still fall back on the O1, assuming it's approved?  Thank you