View Full Version : Going to school options after I-140 approval

04-03-2015, 06:07 PM
Hi guys,

I'm on H1-B. My EB-3 I-140 was approved with priority date in May 2014. My employer filed an H1B extension and got 3 more years.

I'm planning to get an MBA and recently got two offers, one in the US and one in the UK. Would love to get advice before I discuss with my employer:

1. If my employer agrees, can I go to school in the US full-time and work on H-1B part-time, and maintain my H-1B status? Does this affect my future I-485/gc application?

2. If my employer allows me to go abroad to study and promise the same position upon my graduation, can I come back to the US with my current approved I-797? In my case, my newly renewed I-797 is valid until early 2018. If I leave the US now for 1.5 years, can I return with my current I-797 or my employer have to file new I-129 then? Thank you!