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attending school with pending change of status
- Thread starter latency
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You should be able to. Some may even give you in-state resident rate with your pending status. At least, that's how it works in NY state.
You should consult the admission office of your school.
http://www.cuny.edu/about/resources/citizenship/faqs/tuition.html
How do I qualify for in-state tuition as a student with immigration status?
You qualify for in-state tuition if you have resided in New York State for at least one year AND one of the following:
You are a U.S. citizen, permanent resident, or have a permanent resident application pending. (Note: You must have filed a Form I-485. Having a pending or approved I-130 or I-140 petition is not sufficient; or
You should consult the admission office of your school.
http://www.cuny.edu/about/resources/citizenship/faqs/tuition.html
How do I qualify for in-state tuition as a student with immigration status?
You qualify for in-state tuition if you have resided in New York State for at least one year AND one of the following:
You are a U.S. citizen, permanent resident, or have a permanent resident application pending. (Note: You must have filed a Form I-485. Having a pending or approved I-130 or I-140 petition is not sufficient; or
- Joined
- 6/24/09
- Messages
- 284
- Points
- 38
It is possible to attend school on part-time basis while green card application is pending. The main criteria is that you should keep your full-time job which was the basis of the labor certification and the green card application. USCIS requires that the person stays in the same job from labor certification, to I-140, to I-485, to green card. The process takes 8-10 years but they do not allow the person to switch from IT to Finance. If the labor certification is for an IT job and the person then switches to a Finance job, they cancel the entire green card application and tell the person to get a new labor certification for the Finance job and start the process again.
Also, they issue Request for Evidence (RFE). In this, they will ask you to provide a current letter from your employer stating your position, duties, and salary. This should be same as what is there in the original labor certification. They also tell you to provide the past three years tax returns, even though they have this information on their computers.
There are people who have left IT jobs, done MBA full-time while they had the EAD card, then they again took IT jobs on the EAD card, and when they got the RFE, they were able to provide letter from their employer that they were working in IT, and they were also able to provide past three years tax returns.
There are also some unfortunate people who tried to do MBA full-time. They got the RFE while they were in the MBA program. So they could not provide the documentation from their employers or the tax documents. They were in a real mess, because their green card status was based on their job and that status ended as soon as they started the full-time MBA program.
So for part-time programs, there is no risk. For full-time programs, there is very great risk. You have to make sure that you can provide the documents requested when the RFE comes.
Also, they issue Request for Evidence (RFE). In this, they will ask you to provide a current letter from your employer stating your position, duties, and salary. This should be same as what is there in the original labor certification. They also tell you to provide the past three years tax returns, even though they have this information on their computers.
There are people who have left IT jobs, done MBA full-time while they had the EAD card, then they again took IT jobs on the EAD card, and when they got the RFE, they were able to provide letter from their employer that they were working in IT, and they were also able to provide past three years tax returns.
There are also some unfortunate people who tried to do MBA full-time. They got the RFE while they were in the MBA program. So they could not provide the documentation from their employers or the tax documents. They were in a real mess, because their green card status was based on their job and that status ended as soon as they started the full-time MBA program.
So for part-time programs, there is no risk. For full-time programs, there is very great risk. You have to make sure that you can provide the documents requested when the RFE comes.
- Joined
- 6/24/09
- Messages
- 284
- Points
- 38
Well, if you are filing based on marriage and not on work then the situation is completely different. All the stuff about labor certification, I-140, I-485, etc. and the 10-year waiting period does not apply.
In the case of marriage, they issue a conditional green card within 3 months of the papers being filed. Then after two years, they issue the permanent green card. But, there is no pending status, or 10 year waiting period or anything like that. That only applies for green cards based on employment.
In the case of marriage, they issue a conditional green card within 3 months of the papers being filed. Then after two years, they issue the permanent green card. But, there is no pending status, or 10 year waiting period or anything like that. That only applies for green cards based on employment.
