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?

Specializes in Medical and general practice now LTC.
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.

J1 is a totally different visa. Student visas are usually as stated not for dual intent but some do qualify for OPT which is supposed to be used to gain experience not to be confused with a way of staying in the US. Nurses was lucky that they was able to use OPT whilst looking for an employer and go through the green cards but once OPT has been used for that level you can't use it again. EAD that you get with student visa has very strict guidelines on where you work and I am sure at the beginning you can only work on campus.

http://www.travel.state.gov/visa/temp/types/types_1268.html

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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.

I am not talking about J1 visa (You are probably talking about the foreign residency requirement for J1 visa holders); I am talking about F1 visa. I am just wondering how you will explain to the immigration officer that you don't have dual-intent.

You mentioned that your employer and school are the same. Does that mean you are going to work for a university hospital or some kinds? Are you going to PhD, DNP, MS, MN or similar program? I am just curious...

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I am not talking about J1 visa (You are probably talking about the foreign residency requirement for J1 visa holders); I am talking about F1 visa. I am just wondering how you will explain to the immigration officer that you don't have dual-intent.

You mentioned that your employer and school are the same. Does that mean you are going to work for a university hospital or some kinds? Are you going to PhD, DNP, MS, MN or similar program? I am just curious...

Im gonna study MSN at the school...then work part time at its affiliate hospital.

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Specializes in Medical and general practice now LTC.
Im gonna study MSN at the school...then work part time at its affiliate hospital.

are you planning on working at the affiliated hospital from the start?

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Im gonna study MSN at the school...then work part time at its affiliate hospital.

reeyah,

Congratulations that you got accepted from the graduate program!!! Are you planning to be a NP? or CNS?

But you have not answered my question.. so what kind of documents are you going to submit to a immigration officer when you apply for your student visa? As you probably know, this is always the HUGE issue for people who are applying for a student visa.

Many people got denied because they could not convince the US immigration that they don't have dual-intent. I have heard A LOT of discussion talking what kind of document they should prepare. Even many people who simply just want to study in the US get denied these day. Since you have already filed your I-140, it sounds hard for you to convince them...

I understand that some lawyers believe that filing their I-140 does not imply that the person has intention to stay in the US, and only I-485 does. but many lawyers and immigration officers have the different opinion. I guess you understand that your case is in a gray area. And, once you got denied your student visa application, you have to state so when you file your I-485. I assume you have a immigration lawyer, and you are doing this with the lawyer's advice, and sounds like some people already did that. I am just wondering if you could give any advise to people who are applying for a student visa??

P.S If you don't wanna discuss this issue on the public BBS, you can always PM me! Thank you!

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are you planning on working at the affiliated hospital from the start?

Yes. Whether part tym thru student visa or fulltime thru immigrant visa.

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reeyah,

Congratulations that you got accepted from the graduate program!!! Are you planning to be a NP? or CNS?

But you have not answered my question.. so what kind of documents are you going to submit to a immigration officer when you apply for your student visa? As you probably know, this is always the HUGE issue for people who are applying for a student visa.

Many people got denied because they could not convince the US immigration that they don't have dual-intent. I have heard A LOT of discussion talking what kind of document they should prepare. Even many people who simply just want to study in the US get denied these day. Since you have already filed your I-140, it sounds hard for you to convince them...

I understand that some lawyers believe that filing their I-140 does not imply that the person has intention to stay in the US, and only I-485 does. but many lawyers and immigration officers have the different opinion. I guess you understand that your case is in a gray area. And, once you got denied your student visa application, you have to state so when you file your I-485. I assume you have a immigration lawyer, and you are doing this with the lawyer's advice, and sounds like some people already did that. I am just wondering if you could give any advise to people who are applying for a student visa??

P.S If you don't wanna discuss this issue on the public BBS, you can always PM me! Thank you!

Thanks, I just wanna take the MSN for future purposes. CNS, why not? I have no idea re: documents yet because these are just plans. I, myself, am looking for advice regarding student visa.

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Specializes in Medical and general practice now LTC.
Yes. Whether part tym thru student visa or fulltime thru immigrant visa.

As a student you can not work at the hospital as initially you are allowed only to work on campus and I don't think hospital will qualify as campus. You will be working illegally and a good way to get a ban which can be up to 10 years. It will also take a while to get your permission to work.

I really suggest you re think this process

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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?

And you just posted the words that we hate to hear, "it will get me to the US faster." You van be impressed, but you will not hear any of us giving approval on programs like that. And there is still no guarantee that you will be able to get a green card when you even finish that program.

These programs were set up by agencies as a way for them to make money, simple as that. And you cannot begin to work legally as soon as you get to the US, is just not going to happen. And not sure who you mean by they when you say that they were impressed.

Sorry, but I am not. And have seen too often what has happened with programs like this. And you also posted that it was quick way to get to the US, and there are no shortcuts.

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You mentioned doing this as a way to get to the US faster, that is where the red flag goes up. If the J-1, then you have to leave the US for two years. With the student visa, you cannot begin work right away, no matter what they tell you. And with the retrogression in place, there is no guarantee that you will be able to get the green card as soon as you finish your studies. Does not matter what the school has offered you.

And this type of program is usually set up by an agency, not by the university. Have seen too many of them, and do not like them, way too many red flags that stand up.

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And this type of program is usually set up by an agency, not by the university.

sounds so fishy... are those legitimate accredited program? :uhoh3:

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