J-1 and Green Card--Please post here

[jk0274]

I don't know of any personally, nor have I read of any. Now, many people with approved NIWs or EB-1As have received RFEs during the I-485 adjudication stage asking for evidence that they continue to work in the same area of expertise as what they won their petitions for. But in all cases I read about, these people (all online cases I've read about) were ultimately approved after providing a simple employment verification letter including their job duties. I don't know what would happen if, in the event of such an RFE, a person is unable to produce such evidence.

[johnodonovan]

I have been working as a postdoc/professor for almost 5 years on J1 status. I am married to a US citizen and am about to submit my I-485 with AP and work requests. I have two questions:
1: When does my J1 and DS2019 become invalid for travel? (does this occur when USCIS send me a text message confirming receipt of my application?).
2: On average, how long until advance parole and temporary work permits are issued? (My J1 is expiring at the 5 year max in about 2 months). If it takes much longer, is it possible to apply for a H1B visa while GC is in processing?

thanks for your time.

[mahirtz]

Hi
I got the RFE for Waiver on my I-485. my waiver (I-612) came later than my application date (i was a concurrent filer)... Hence i couldn't submit the waiver during july '07 fiasco. Now the RFE clearly stating that i needed to have the waiver requirement at the time of I-485 application..should i submit the waiver now or should i also write a letter stating that the waiver processing time took longer than expected and hence i could not submit the waiver. I did submit the waiver certificate from govt of India which was sent to me a copy. during the waiver process USCIS lost case file and asked me to resubmit everything which delayed the process.
Please add comments..

BTW i applied my self.

Thanks and appreciate it

.

A few points to add to the above discussion:

1- Once you have applied for a J-1 waiver, you may run into problems extending or renewing your J-1 status. Once the state department issues its recommendation, it is impossible to renew/extend your DS-2019 or renew your visa abroad.

2- Applying for I-140 or I-485 while on a J-1 can jeopardize your J-1 status if you are not careful. In addition to the fact that you cannot renew a J-1 visa because you indicated immigrant intent by filing an immigrant petition (I-140), you may not be readmitted to the US in J-1 status even if your visa /DS-2019 is valid, because you have indicated that you are not planning to abide by your J-1 visa conditions (i.e. be an exchange visitor and return home), and you are actually planning to become an immigrant. So I would time I-140/I-485 applications carefully so they don't coincide with travel abroad and that you have enough time left on your current DS-2019 before your I-485 is filed so that you remain legally in the US after your J-1 expires. In your case, do not travel until you file I-485 and obtain your advanced parole document. As Lakksh said, you may continue your J-1 status as long as you don't leave the US (the USCIS leans towards the position that you are no longer in J status once you have filed your I-485, but it hasn't enforced this position and applicants such as yourself can still be considered in J-1 status as long as they don't leave the US). If you were to leave and come back as a parolee, then you would need your EAD to continue working even if your DS-2019 is still valid, because you are no longer in J status.

3- In order to file I-485, you must attach to your application at least the favorable recommendation from the Department of State, if you don't have the final USCIS J-1 waiver. Again, if you obtain the DOS favorable recommendation, even if you haven't yet filed I-140/I-485, I wouldn't travel as you risk not being readmitted because, by obtaining a J-1 waiver, you indicated you do not intend to comply with the J-1 conditions of returning home.

4- As lakksh said, a person on a J-2 does not need to apply for a separate waiver. However, if your spouse obtains his/her own J-1, then the spouse will need a separate waiver for him/herself. This doesn't seem to apply in your case though.