QUESTION
Quitting masters program midway after change in status
Asked on Jul 18th, 2013 on Immigration - New Jersey
More details to this question:
I completed my first master in US as an international student and completed my OPT period on a full time job in IT after graduation. I had to join another masters program because my employer could not file my h1 in time. I am able to work full time because of CPT from the college. My employer filed my H1 and it got approved which will start in Oct this year. My employer also plans to file for my green card next year and I plan to travel to my home country next year. Since I got my h1 approved I want to quit my second masters by Oct this year. My employer is insisting that I complete the masters otherwise there is a very high chance of denial of my stamping when I travel outside of US and my green card application. My question is will quitting my program mid way be a factor while deciding on future immigration status applications? He alternatively has suggested to complete a minimum of 3 months in college after h1 starts. Is there a safe period after which I can quit the program?
2 ANSWERS
Immigration and Nationality Law Attorney serving New York, NY
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Alan Lee & Arthur Lee, Attorneys at Law
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The question to U.S.C.I.S. or to any U. S. consular post is whether you maintained your legal status before your H-1B became effective in October. You are not required to complete a 2nd Masters degree. Your employer’s alternative suggestion of completing a minimum of 3 months college after the H-1B starts may be a better idea although you are supposed to work under H-1B status as soon as you are able in October. A suggestion for you would be to obtain a letter from the school stating that you are a full-time student in good standing in October. Then you should be able to work under your H-1B visa status without fear of consequences in the future. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Jul 20th, 2013 at 8:31 PM
Immigration Law Attorney serving Los Angeles, CA
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The Law Offices of Neil J. Sheff
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If your H-1B was based on only your one Master's Degree that you already have, you should not have any problem stopping your second Master's Program to start working (or studying at night, while still on H-1B).
Answered on Jul 19th, 2013 at 6:54 PM