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Can I travel abroad with J-1 visa while I-485 is pending?
- Thread starter aak3058
- Start date
aak3058 said:I wonder whether I will be able to return to US using my valid J-1 visa while i-485 is pending? From reading the instructions on uscis.gov I concluded that I would be able to do so only in case of H-1 and some other visas, not J-1.
Thanks for your replies.
what they say is H1/L1 are dual intent VISA J1 is not!
when you have I-485 pending while on J1 then u shd take AP ideally.
Well, I understand that my J-1 visa application would have been rejected if I-485 had been pending. My question is whether I will be in trouble entering US with J-1 visa (I have a valid visa for 1 more year). They normally just scan visa and let you go. My understanding is that at the border they are not interested in whether I applied for a green card. Am I wrong?
I would NOT take this risk.
After you file I-485, your J-1 status becomes invalid, and so becomes your visa stamp. Of course, on the border they may not check it and let you in as J-1. Then you will get I-94 with J-1 stamp...and start accumulating non-valid status...if they find this out later they just may deny your I-485 as abandoned or even bar you from entering USA if you collect more than 180 days after your return as J-1.
I know that you can file I-485 being in J-1. The thing is, J-1 is invalid immediately, and technically, if you also file EAD, you can not even work until you get your EAD approved. Really, people continue to work under J-1 for several weeks only, then get EAD and go to HR to change the paperwork...so those people also violate the status, but for short time (less than 180 days) which is covered by 245(k).
After you file I-485, your J-1 status becomes invalid, and so becomes your visa stamp. Of course, on the border they may not check it and let you in as J-1. Then you will get I-94 with J-1 stamp...and start accumulating non-valid status...if they find this out later they just may deny your I-485 as abandoned or even bar you from entering USA if you collect more than 180 days after your return as J-1.
I know that you can file I-485 being in J-1. The thing is, J-1 is invalid immediately, and technically, if you also file EAD, you can not even work until you get your EAD approved. Really, people continue to work under J-1 for several weeks only, then get EAD and go to HR to change the paperwork...so those people also violate the status, but for short time (less than 180 days) which is covered by 245(k).
Thanks a lot for clarification. Indeed, as I learned from reading other sources J-1 becomes invalid as soon as I-485 is filed. I am now thinking of 2 options:
1. Travel first using my J-1 and then file I-485 and application for EAD.
2. File I-485 along with I-131 and application for EAD.
I guess both of them are reasonable. My only concern is for how long I can delay submission of I-485 after my I-140 got aproved. Are there any deadlines?
I appreciate your replies.
1. Travel first using my J-1 and then file I-485 and application for EAD.
2. File I-485 along with I-131 and application for EAD.
I guess both of them are reasonable. My only concern is for how long I can delay submission of I-485 after my I-140 got aproved. Are there any deadlines?
I appreciate your replies.
As long as I-485 not filed, I still have valid J-1 status.
But you have established immigrant intent by filing an immigrant petition and are thus ineligible to be admitted at the point of entry as a J-1 nonimmigrant. See this page for information, it's about F-1 but it is exactly the same for J-1.
...
After you file I-485, your J-1 status becomes invalid... J-1 is invalid immediately, and technically, if you also file EAD, you can not even work until you get your EAD approved. Really, people continue to work under J-1 for several weeks only, then get EAD and go to HR to change the paperwork...so those people also violate the status, but for short time (less than 180 days) which is covered by 245(k).
Do you have any documentation of this? I'm not aware that USCIS is enforcing a rule that invalidates the actual F or J status in the US just because an I-485 is submitted. Visa yes, but not necessarily status.
yes, I knew about this info from Zhang&Associates. They say that a person MAY have problems at re-entry. The question is - how immigration officer at the border finds out that I-140 was filed and thus may deny your entry? and what are the chances that the entry will be denied? In fact, After I filed I-140 (and without knowing that info from Zhang&Associates) I went to a conference in Canada. Upon return, I was asked my passport and DS-2019 and returned without any problems.
Do you think the name of a person on a visa is cheked against some sort of database which holds records for people who applied I-140? Any ideas how this can be found out?
regarding other question on I-485 filing... I-485 is Adjustment of Status (to that of LPR). be it J-1 or any other non-immigrant status.. once you file this form, that means you abandon your previous status and placed into "limbo" of some sort. You are legally present in the country while I-485 is pending but don't have any status per se. This is why if I-485 is denied - you are immediately out of status.
Do you think the name of a person on a visa is cheked against some sort of database which holds records for people who applied I-140? Any ideas how this can be found out?
regarding other question on I-485 filing... I-485 is Adjustment of Status (to that of LPR). be it J-1 or any other non-immigrant status.. once you file this form, that means you abandon your previous status and placed into "limbo" of some sort. You are legally present in the country while I-485 is pending but don't have any status per se. This is why if I-485 is denied - you are immediately out of status.
I was not aware that soon after applying to I-485 on a J-1, I have to switch to an EAD (within 180 days as I understood), I thought that people extend their J-1 to the maximum before applying to I-485 (specially if one does not need a waiver), can someone refer us to the USCIS link to this rule.
If a J-1 becomes invalid once an I-485 applied, then the J-2 will also become invalid. So would a J-2 working on EAD (based on a J-2 status) switch to another EAD (based on parole status)??
I am not sure if what I am planning to do is legally correct, Your advise in this issue is highly appreciated.
After talking to the responsible J-1 officer at the office of international programs at our University. I was advised to renew my J-1 to the maximum before applying to I-485. Same with my spouse who has just applied to an extension to his EAD (based on his recommendation) which if it gets approved, will be valid till july 2009. I was not advised to switch to EAD when I apply to I-485, neither was my J-2 (who also work in the University) was asked to change EAD when we apply to I-485.
So our plan was to extend J-1 (and J-2 EAD) to the maximum and be on that status while applying for 485.
No current plans to travel.
Please advise.
Thank you
If a J-1 becomes invalid once an I-485 applied, then the J-2 will also become invalid. So would a J-2 working on EAD (based on a J-2 status) switch to another EAD (based on parole status)??
I am not sure if what I am planning to do is legally correct, Your advise in this issue is highly appreciated.
After talking to the responsible J-1 officer at the office of international programs at our University. I was advised to renew my J-1 to the maximum before applying to I-485. Same with my spouse who has just applied to an extension to his EAD (based on his recommendation) which if it gets approved, will be valid till july 2009. I was not advised to switch to EAD when I apply to I-485, neither was my J-2 (who also work in the University) was asked to change EAD when we apply to I-485.
So our plan was to extend J-1 (and J-2 EAD) to the maximum and be on that status while applying for 485.
No current plans to travel.
Please advise.
Thank you
. I-485 is Adjustment of Status (to that of LPR). be it J-1 or any other non-immigrant status.. once you file this form, that means you abandon your previous status and placed into "limbo" of some sort. You are legally present in the country while I-485 is pending but don't have any status per se. This is why if I-485 is denied - you are immediately out of status.
Again, where is this notion of abandoning status just for filing I-485 coming from? There is no formal USCIS guidance that suggests that a non-immigrant status is automatically abandoned just because I-485 was filed.... a lot of guessing yes, but formal guidance no.