Did i make a mistake?

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kim750

Registered Users (C)
My husband applied for NIW and Eb and he's holding H1.

I have J1 and recently I got a waiver. Then I applied for I-480.

I am still working as a J1 at government and submitted an "employment verification letter" as en evidence as support for I-480.

I heard from somewhere that my J1 visa is invalid when I submitted I-480, thus I cannot work until I get EAD.

Did I make a mistake submitting "emplyment veritication letter"? Will they reject my I-480 for unauthorized work? I have to work 3 months (total) as a J1 before I quit the current job and get EAD for a new job elsewhere.

Please explain to me if it is a big mistake and I have to withdraw I-480 application. My husband recently got I-140 approved.
 
J1 status is not compatible with AOS (adjustment of status - after submitting I-485). This is unlike H1 or L1 where a person can maintain H1 status and still be in AOS while the I-485 is pending. Your lawyer should have told you that before submitting your I-485. I believe you should withdraw your I-485. After you finish your J1 status job, resubmit I-485 with EAD, and wait till the EAD is approved and only then start your job. It is better to take a vacation than violate your job authorization.
 
Lawer's reply

I prepared I-485 myself, and asked a lawyer (we retained a lawyer for my husband on I-140) about it.

He said my J1 is valid until it expires or I quit the job while my I-485 is pending.
 
also u have to keep in kind that nothing changes if u are on J1 visa, u will stay have to do waiver job for three years in HPSA before your status changes
 
kim750 said:
My husband applied for NIW and Eb and he's holding H1.

I have J1 and recently I got a waiver. Then I applied for I-480.

I am still working as a J1 at government and submitted an "employment verification letter" as en evidence as support for I-480.

I heard from somewhere that my J1 visa is invalid when I submitted I-480, thus I cannot work until I get EAD.
You can keep working on J1 (having waivers in hand) until you submit for non-immigrant visa or green card application. Once you submit applications either for non-immigrant visa (i.e H1B) or immigrant visa (green card). You cannot keep working on J1 visa. You need to wait till your non-immigrant visa approved or Employment Authorization Document (EAD) approved based on your I-485. Working without any of the documents is illegal and unauthorized.

Did I make a mistake submitting "emplyment veritication letter"? Will they reject my I-480 for unauthorized work? I have to work 3 months (total) as a J1 before I quit the current job and get EAD for a new job elsewhere.
Employment verification letter is usually required for primary applicant who is submitting I-485 application.
Consult your school international student advisor and another lawyer for second opinion. Good luck!


Please explain to me if it is a big mistake and I have to withdraw I-480 application. My husband recently got I-140 approved.
Click to expand...
 
"You can keep working on J1 (having waivers in hand) until you submit for non-immigrant visa or green card application. Once you submit applications either for non-immigrant visa (i.e H1B) or immigrant visa (green card). You cannot keep working on J1 visa."

I was on J-1 and switched to H1-B. However, I continued to work on J-1 even after my H1-B application was filed. I think one can work on J-1 while USCIS works/adjudicate your H1-B petition. Another friend of mine got his GC while on J-1. He was on J-1, filed his I-140(NIW), filed I-485 and then got his GC. He did all this while he was on J-1.

I would say, consult a good lawyer.
 
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