Question on using AP on a J1 visa

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ImmiCrap

Registered Users (C)
I have included my wife on the my I-485 petition and also applied for advance paroles for both of us. I am on an H1 status and she is on J1 (working as a contractor for the US Govt). She doesnt have her visa stamped on her passport. So my question is; when she travels on AP, can she come back and work on her J visa or will she have to apply for an EAD. I know that H visa holders can come using AP and work on their H status but I am not sure about J visa holders.

Can anyone shed some light on this preferably with some articles/links for reference. :confused:

Ginnu/United Nations, other senior people?

Thanks in advance.
 
ImmiCrap said:
I have included my wife on the my I-485 petition and also applied for advance paroles for both of us. I am on an H1 status and she is on J1 (working as a contractor for the US Govt). She doesnt have her visa stamped on her passport. So my question is; when she travels on AP, can she come back and work on her J visa or will she have to apply for an EAD. I know that H visa holders can come using AP and work on their H status but I am not sure about J visa holders.

Can anyone shed some light on this preferably with some articles/links for reference. :confused:

Ginnu/United Nations, other senior people?

Thanks in advance.
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Would you please answer these Q?
1- Did she apply for AOS herself and has pending application with receipt number? b/c you mentioned that you added her to your I-485!!!!. To write her name with you in your I485 does not mean that she applied for AOS and being on J1, with or without stamp, will not allow her to apply for AOS without waiver or non subject advisory opinion.
2- Is she sbject to 2 year home country, has waiver or non subject advisory opinion from DOS?
3- Is she already has AP? I do not think that she will get approved without AOS for herself.
 
mmed said:
Would you please answer these Q?
1- Did she apply for AOS herself and has pending application with receipt number? b/c you mentioned that you added her to your I-485!!!!. To write her name with you in your I485 does not mean that she applied for AOS and being on J1, with or without stamp, will not allow her to apply for AOS without waiver or non subject advisory opinion.
I have put her on my petition. She hasnt done one for herself yet.
2- Is she sbject to 2 year home country, has waiver or non subject advisory opinion from DOS?
She is but she already got her waiver approved last year.
3- Is she already has AP? I do not think that she will get approved without AOS for herself.
Click to expand...
She doesnt have an AP yet. I will file for her.

Hope this helps your cause...
 
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So, she needs to apply for AOS/AP concurrently. When she return back, she will have new I-94 indicating that she used her AP, which MAY affect her J status. My advice to apply for EAD in the same package in case her J status get affected then she can use the EAD, if not, you just lost $180 for the EAD and be more safe. She should keep a copy from the waiver with her.
 
I dont think I understand much of what you said. She is not applying for anything. I am and I adding her to my petition.

Any more takers?
 
ImmiCrap said:
I dont think I understand much of what you said. She is not applying for anything. I am and I adding her to my petition.

Any more takers?
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Ok. I am sorry. You added her to your petition doesn't mean anything. You can not apply for her for AP or EAD just because you added her to your petition. For her to be eligible for AP and/or EAD she should apply for her self for separate adjustment of status (I-485) form exactly like what you did in your I-485 application (she pay $395, do medical examination, will get finger print appointment.....etc). When she apply SEPARATELY for I-485 she will add you too as spouce in her petition and at that time only she can apply for AP.
 
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What on earth are you talking about? I am an H1 visa holder and I can very well add her to my petition and I know people who did just what I am about to do and they are GC holders along with their spouses. Please dont spread misinformation.
 
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Let me try and explain: Your post is a bit confusing because you wrote above "I have included my wife on the my I-485 petition and also applied for advance paroles for both of us." But later you wrote "She doesnt have an AP yet. I will file for her."

Please note (and I assume you know this already but am repeating for clarity):
1- I-485 is not a petition, it is an application.
2- Before you are eligible to submit an I-485 application, you must have an approved or submitted Immigrant Petition, such as an I-140, or you must file both together if you are qualified (non-retrogressed country).
3- You can file a petition for yourself, but you must file a separate I-485 application for each member of your family. Each I-485 application must include a medical exam, G325A biographic information sheets, and other evidence.

Please answer:

1- Did you send an I-485 application for yourself?
2- Did you send a separate I-485 application for your wife?
3- Did you, or will you, submit a I-131 Advanced Parole application for each of you?

To answer your question: The status your wife is given at the point of entry is the status she will be under in the United States. If your wife leaves the US as a J-1 but reenters as a parolee (which at this point is the only way she can enter because she is ineligible to apply for a new J-1 visa abroad since she filed for adjustment of status), she will NOT be able to continue her J-1 status upon reentry. Therefore, take mmed's advice and apply for an EAD also. If she doesn't have an EAD when she comes back as a parolee, she cannot work anymore.

However, if you are in valid H-1B status, your wife CAN apply for an H-4 visa abroad and return to the US on an H-4. But she will not be able to work on the H-4, so she will still need an EAD. She can apply for the EAD (I-765) along with her I-485 application. She cannot apply for an EAD before she applies for the I-485 application.
 
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jk0274 said:
Let me try and explain: Your post is a bit confusing because you wrote above "I have included my wife on the my I-485 petition and also applied for advance paroles for both of us." But later you wrote "She doesnt have an AP yet. I will file for her."

Please note (and I assume you know this already but am repeating for clarity):
1- I-485 is not a petition, it is an application.
2- Before you are eligible to submit an I-485 application, you must have an approved or submitted Immigrant Petition, such as an I-140, or you must file both together if you are qualified (non-retrogressed country).
3- You can file a petition for yourself, but you must file a separate I-485 application for each member of your family. Each I-485 application must include a medical exam, G325A biographic information sheets, and other evidence.

Please answer:

1- Did you send an I-485 application for yourself?
Yes
2- Did you send a separate I-485 application for your wife?
Yes
3- Did you, or will you, submit a I-131 Advanced Parole application for each of you?
Yes
To answer your question: The status your wife is given at the point of entry is the status she will be under in the United States. If your wife leaves the US as a J-1 but reenters as a parolee (which at this point is the only way she can enter because she is ineligible to apply for a new J-1 visa abroad since she filed for adjustment of status), she will NOT be able to continue her J-1 status upon reentry. Therefore, take mmed's advice and apply for an EAD also. If she doesn't have an EAD when she comes back as a parolee, she cannot work anymore.

However, if you are in valid H-1B status, your wife CAN apply for an H-4 visa abroad and return to the US on an H-4. But she will not be able to work on the H-4, so she will still need an EAD. She can apply for the EAD (I-765) along with her I-485 application. She cannot apply for an EAD before she applies for the I-485 application.
Click to expand...

Thank you.. This is much clearer and this is the answer that I was looking for. sorry for the confusing post. And yes, I am from a non retrogressed country and I am filed concurrently..

Thanks again.
 
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