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  #1  
Old 02-23-2011, 02:46 PM
skechers skechers is offline
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Question Relocate for MBA now & then back to original location on GC approval?

I work for my company in city A. My GC application is in process (I-140 is approved in EB2 category with a priority date in Dec 2007 and I-485 has not been filed). I have received admission to a top 10 business school in city B (in another state) for a part-time MBA program. I wish to relocate to city B to pursue the MBA and still be working remotely in the same position for the same department from our company office in city B. Once the GC is approved, in say 2-3 years, I would relocate back to city A and continue in the position that the GC was petitioned for.

My management is in on board with the plan but our immigration attorney is recommending against it claiming that there is a huge risk of GC denial. Her argument is “The GC application is premised on the fact that I intend to work for my company on a permanent full-time basis in the position and at the location described in the GC application. I must maintain that intention throughout the GC process. By relocating to pursue an MBA, it looks like I don’t have that intent and USCIS could use this as a basis to deny my GC.”

I desperately want to attend the business school in city B but not at the cost of risking GC. In order to make this decision I need to assess the risk involved. Please help me in estimating the risk!

To what extent are her fears valid? By going against her advice would I be putting my GC in grave danger? Do you know cases where people have relocated for pursuing MBAs during the GC process and yet received their GC?
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  #2  
Old 02-23-2011, 04:58 PM
sdrblr sdrblr is offline
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so if this is the case none of the BIG consulting firms can process GC . I think it should be OK as long as you and the management are clear about the intentions. If you are on H1 make sure you get your new LCA


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Originally Posted by skechers View Post
I work for my company in city A. My GC application is in process (I-140 is approved in EB2 category with a priority date in Dec 2007 and I-485 has not been filed). I have received admission to a top 10 business school in city B (in another state) for a part-time MBA program. I wish to relocate to city B to pursue the MBA and still be working remotely in the same position for the same department from our company office in city B. Once the GC is approved, in say 2-3 years, I would relocate back to city A and continue in the position that the GC was petitioned for.

My management is in on board with the plan but our immigration attorney is recommending against it claiming that there is a huge risk of GC denial. Her argument is “The GC application is premised on the fact that I intend to work for my company on a permanent full-time basis in the position and at the location described in the GC application. I must maintain that intention throughout the GC process. By relocating to pursue an MBA, it looks like I don’t have that intent and USCIS could use this as a basis to deny my GC.”

I desperately want to attend the business school in city B but not at the cost of risking GC. In order to make this decision I need to assess the risk involved. Please help me in estimating the risk!

To what extent are her fears valid? By going against her advice would I be putting my GC in grave danger? Do you know cases where people have relocated for pursuing MBAs during the GC process and yet received their GC?
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  #3  
Old 02-23-2011, 05:00 PM
snathan snathan is offline
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Quote:
Originally Posted by skechers View Post
I work for my company in city A. My GC application is in process (I-140 is approved in EB2 category with a priority date in Dec 2007 and I-485 has not been filed). I have received admission to a top 10 business school in city B (in another state) for a part-time MBA program. I wish to relocate to city B to pursue the MBA and still be working remotely in the same position for the same department from our company office in city B. Once the GC is approved, in say 2-3 years, I would relocate back to city A and continue in the position that the GC was petitioned for.

My management is in on board with the plan but our immigration attorney is recommending against it claiming that there is a huge risk of GC denial. Her argument is “The GC application is premised on the fact that I intend to work for my company on a permanent full-time basis in the position and at the location described in the GC application. I must maintain that intention throughout the GC process. By relocating to pursue an MBA, it looks like I don’t have that intent and USCIS could use this as a basis to deny my GC.”

I desperately want to attend the business school in city B but not at the cost of risking GC. In order to make this decision I need to assess the risk involved. Please help me in estimating the risk!

To what extent are her fears valid? By going against her advice would I be putting my GC in grave danger? Do you know cases where people have relocated for pursuing MBAs during the GC process and yet received their GC?
GC is for the future job and your current job in a different location should not be as issue as long as you are maitaing LCA for that location for your H1B.

Get second opinion from another attorney. Can you tell me which Business School you are joinng. I am also planning for MBA...but heard can not do part time from Top schools
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  #4  
Old 02-23-2011, 05:39 PM
skechers skechers is offline
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Mine is not a consulting company but a major financial services company. As such, they mentioned only one location in the Labor application. I believe consulting companies state that due to nature of their business, the employee might be deputed to various locations while the GC is in process. Naturally this does not apply to my case.

Snathan,

All top b-schools such as Kellogg, Chicago Booth, Berkeley, and NYU Stern offer part-time programs that you can attend. What exactly is your concern?
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  #5  
Old 02-23-2011, 06:58 PM
snathan snathan is offline
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Originally Posted by skechers View Post
Mine is not a consulting company but a major financial services company. As such, they mentioned only one location in the Labor application. I believe consulting companies state that due to nature of their business, the employee might be deputed to various locations while the GC is in process. Naturally this does not apply to my case.


Snathan,

All top b-schools such as Kellogg, Chicago Booth, Berkeley, and NYU Stern offer part-time programs that you can attend. What exactly is your concern?
- It does not matter what company you work for. If you are living in city X and working for a company Y in different city and remotely, you still need to have the LCA for city X. If am not sure if you need the LCA for city Y though.

I was looking for Harvard related information and could not find any info. More over I read somewhere there is no part time.
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  #6  
Old 02-23-2011, 07:08 PM
abhishek101 abhishek101 is offline
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Few things:

Skechers as Snathan said you need a new LCA and you need to file an amendment for H1b for the new position. You can again apply the same when you move back.

Snathan you can look at Wharton Executive MBA program, it is the same program (with Same degree as regular MBA) with Same professors. It is available on both coasts East in Philly and in West in SF. I am doing it currently and I cannot speak enough about it, amazing program

On the same note I just transferred from EB3 to Eb2 in the same company without any trouble while doing my EMBA and had no trouble, so you should be fine.
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  #7  
Old 02-23-2011, 09:01 PM
snathan snathan is offline
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Quote:
Originally Posted by abhishek101 View Post
Few things:

Skechers as Snathan said you need a new LCA and you need to file an amendment for H1b for the new position. You can again apply the same when you move back.

Snathan you can look at Wharton Executive MBA program, it is the same program (with Same degree as regular MBA) with Same professors. It is available on both coasts East in Philly and in West in SF. I am doing it currently and I cannot speak enough about it, amazing program

On the same note I just transferred from EB3 to Eb2 in the same company without any trouble while doing my EMBA and had no trouble, so you should be fine.
Wow...thats nice. Can you please ping me the link for more info...
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  #8  
Old 02-23-2011, 09:52 PM
skechers skechers is offline
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Our attorney will definitely getting a new LCA done for city B. It is the possibility of having to restart the GC process all over again in city B that I am concerned about.

PS: Harvard does not a part-time program, only an executive MBA program. You should choose between part-time and executive depending on your age profile and number of years of experience. The classroom dialouge could be radically different in the two programs due to different class profiles.
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Old 02-23-2011, 10:17 PM
snathan snathan is offline
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Quote:
Originally Posted by skechers View Post
Our attorney will definitely getting a new LCA done for city B. It is the possibility of having to restart the GC process all over again in city B that I am concerned about.

PS: Harvard does not a part-time program, only an executive MBA program. You should choose between part-time and executive depending on your age profile and number of years of experience. The classroom dialouge could be radically different in the two programs due to different class profiles.
I dont think you will have to start GC process again as its only for future job. But check with attorney.

Thanks for the Info on MBA.
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  #10  
Old 02-24-2011, 01:38 AM
InTheMoment InTheMoment is offline
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Quote:
Originally Posted by skechers View Post
Our attorney will definitely getting a new LCA done for city B. It is the possibility of having to restart the GC process all over again in city B that I am concerned about.

PS: Harvard does not have a part-time program, only an executive MBA program. You should choose between part-time and executive depending on your age profile and number of years of experience. The classroom dialouge could be radically different in the two programs due to different class profiles.
HBS actually only has a full-time MBA, no executive or part-time MBA. Being a b-school student at the other top school down the river, I take/have taken regular HBS MBA courses and interacted with several mid-career/exec b-school students at my school. While the experience is amazing, mid-career/exec students struggle hard to capture the value of this investment once they graduate. One big reason being, they are not on campus full-time and cannot juice the campus experience as much. Other thing - if your age is not less than 27 or so, getting into HBS - MBA is unfortunately seriously out of bounds. That is the reason I hardly find any desi in HBS who came to the US - studied for his MS/worked and got accepted .... guess why ? by the time they get the GC they are very old for HBS.

That said, OP I would say -- just go for it, if you are looking to change your functional/industry, make cool connections or start a business - this is a great way. Long term benefits take the prize anytime over short ones !

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  #11  
Old 02-24-2011, 10:17 AM
mk26 mk26 is offline
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I had the similar question to an attorney few weeks back, my question was to join another company B(New company) and come back to GC sponsored company A when I get my GC.
Answer was GC will be at risk as I may not be able provide a valid reason why I switched to different company while was in H1.Without a valid reaosn it is risking the intention of joining the GC company.

But your case is different and your company will file ammendment to LCA so technically you will be working with same company and getting all paychecks. As mentioned by others GC is for future employment and location change will not affect your GC it affects H1 and you are taking care of it by ammending the LCA. So you should be fine but you never know USCIS
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Old 02-24-2011, 12:12 PM
vishwak vishwak is offline
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As per my knowledge, I think this should be an issue.

GC is always future employment. You are working for same company but different location should not be an issues at all.

You should get Labor for new work place (City B) if you are on H1B. Nothing to do with GC I believe.
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Old 02-24-2011, 10:42 PM
belmontboy belmontboy is offline
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Quote:
Originally Posted by abhishek101 View Post
Few things:

Skechers as Snathan said you need a new LCA and you need to file an amendment for H1b for the new position. You can again apply the same when you move back.

Snathan you can look at Wharton Executive MBA program, it is the same program (with Same degree as regular MBA) with Same professors. It is available on both coasts East in Philly and in West in SF. I am doing it currently and I cannot speak enough about it, amazing program

On the same note I just transferred from EB3 to Eb2 in the same company without any trouble while doing my EMBA and had no trouble, so you should be fine.
Wharton's EMBA program seems super costly - around 90k per yr.
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