US Student visa together with pending US immigrant visa

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Since it takes years for the immigrant visa to be issued, what if for now, I apply for a students visa, with my immigrant visa processing on-going?

I understand that with a student visa, I am only allowed to work for only 20H/wk except school breaks. That's fine with me. The school and the employer are willing to accept my application in their institution...If a time comes that my immigrant visa is approved while I am still on the student visa, will my status be automatically adjusted to immigrant? What are the disadvantages/ risks of going via this route?

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Specializes in Medical and general practice now LTC.

Do you have enough proof that you are able to support yourself as a international student and pay the fees of an international student. These are things that have to be proven before your student visa is approved. If visas become current are you willing to complete your course or are you just doing the course until you can change status?

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The schooling is free (c/o scholarship) so all I have to spend are the other stuff. My goal is to do the course until i can change status...but I will still continue and finish the schooling even after I changed status to immigrant.

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The final decision will still be with the official who will interview you for the student visa. This is similar to a friend who applied for a tourist visa to US and has a pending family-based petition. Though he had enough funds to finance his planned vacation, he was denied visa and was told by the consul to just wait for the immigrant visa. He was denied 4x.

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The final decision will still be with the official who will interview you for the student visa. This is similar to a friend who applied for a tourist visa to US and has a pending family-based petition. Though he had enough funds to finance his planned vacation, he was denied visa and was told by the consul to just wait for the immigrant visa. He was denied 4x.

Somehow, a student visa is different from a tourist visa, because with the student visa, it is affected by "when classes start"...so the embassy might have to issue the student visa NOW rather than until the immigrant visa is issued whcih would be years. Hope Im making sense.

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Specializes in Medical and general practice now LTC.
Somehow, a student visa is different from a tourist visa, because with the student visa, it is affected by "when classes start"...so the embassy might have to issue the student visa NOW rather than until the immigrant visa is issued whcih would be years. Hope Im making sense.

but student visas can still be denied. It is up to you to prove that you are able to support yourself even if you are getting sponsorship for the student visa they will look at other things.

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but student visas can still be denied. It is up to you to prove that you are able to support yourself even if you are getting sponsorship for the student visa they will look at other things.

it's ok so long as the immigrant visa processing continues...hehehe. for me, this is just one of the routes to get to US fast...not bad, at least it would serve as acclimatization to US...only 20h/wk of work wouldnt give me burn out... and i even get to study on my own pace.

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Sounds like you are looking at a program that is bringing you over on the F-1 visa to get around US immigration requirements. And what they have failed to tell you is that you cannot begin work immediately with the F-1 visa. That requires the CPT and that is not immediately issued.

And your visa does not get automatically changed over, you need to still go thru the entire immigration process. Please take the time to really read over the contract that they wish you to sign, not a good thing for you at all. You will be owned by them literally, just like a slave.

And these programs are frowned upon by US immigration. Suggest that you submit a copy of the contract to the US Embasssy where you are to get their take on it.

Shortcuts always bite you on the backside, and especially now with what is going on with immigration. And the other thing that I doubt that you have taken into consideration is the fact that you more than likely signed already with another agency, and they have paid the fees for you to get the I-140 submitted. What are you going to tell them? You will be required to pay a cancellation fee to them that can be quite hefty. Remember that the contract that you will be signing for this scholarship states that you will be working for the one that is paying for the so-called scholarship for about four years.

If you already have one I-140 submitted, then what happens when visas open up again? Filing a second I-140 without cancelling the first automatically gets both cancelled. You have already signed a legally binding document with the initial employer, to do what you wish to do is in violation of that contract, and can open you to legal proceedings, so any money earned in the US is going to pay off the fees that you will owe them.

You need to rethink what you wish to do, it is not a good thing at all.

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it's ok so long as the immigrant visa processing continues...hehehe. for me, this is just one of the routes to get to US fast...not bad, at least it would serve as acclimatization to US...only 20h/wk of work wouldnt give me burn out... and i even get to study on my own pace.

As you probably know, people who are applying for a student visa must not have dual-intent. You have to submit proofs that you have a strong tie with your own country, and you have to say "I am going home after I complete my study in the US." If you have filed your permanent residency already, so how do you explain this to the immigration officer? As my understanding, if you say that you have already filed your permanent residency to the officer, your student visa case is highly likely denied.

But I am not a immigration law specialist, so it might be wrong.

Also student visa holders are allowed to work ONLY on-campus.

Good luck

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A student visa does not automatically give someone the permission to work on campus, they still need to apply for the EAD and they do not get it immediately.

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Sounds like you are looking at a program that is bringing you over on the F-1 visa to get around US immigration requirements. And what they have failed to tell you is that you cannot begin work immediately with the F-1 visa. That requires the CPT and that is not immediately issued.

And your visa does not get automatically changed over, you need to still go thru the entire immigration process. Please take the time to really read over the contract that they wish you to sign, not a good thing for you at all. You will be owned by them literally, just like a slave.

And these programs are frowned upon by US immigration. Suggest that you submit a copy of the contract to the US Embasssy where you are to get their take on it.

Shortcuts always bite you on the backside, and especially now with what is going on with immigration. And the other thing that I doubt that you have taken into consideration is the fact that you more than likely signed already with another agency, and they have paid the fees for you to get the I-140 submitted. What are you going to tell them? You will be required to pay a cancellation fee to them that can be quite hefty. Remember that the contract that you will be signing for this scholarship states that you will be working for the one that is paying for the so-called scholarship for about four years.

If you already have one I-140 submitted, then what happens when visas open up again? Filing a second I-140 without cancelling the first automatically gets both cancelled. You have already signed a legally binding document with the initial employer, to do what you wish to do is in violation of that contract, and can open you to legal proceedings, so any money earned in the US is going to pay off the fees that you will owe them.

You need to rethink what you wish to do, it is not a good thing at all.

Good point, Ms Suzanne. But, the student visa contract is still with the "same" employer, agency and school. This is one our their ways to get us to the US fast, to be able to start the program. This is because, they were impressed by the performance of the first group/batch of scholars. My question is actually this: Will the processing of our immigrant visa stop once we have been issued a student visa? Or is it on-going until such time that the immigrant visa gets approved, regardless of whether "during" or "after" the completion of the schooling?

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As you probably know, people who are applying for a student visa must not have dual-intent. You have to submit proofs that you have a strong tie with your own country, and you have to say "I am going home after I complete my study in the US." If you have filed your permanent residency already, so how do you explain this to the immigration officer? As my understanding, if you say that you have already filed your permanent residency to the officer, your student visa case is highly likely denied.

But I am not a immigration law specialist, so it might be wrong.

Also student visa holders are allowed to work ONLY on-campus.

Good luck

Isn't it that the student visa don't require the student, after completion of schooling, to stay for a specified time on the place of origin? It must be the J1 visa that you are talking about.

Yes, I agree, I must go back to my place of origin after schooling, but then, I would have to wait a "lesser" amount of time until my immigrant gets approved.

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