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I 485 filing for NIW while on J1 waiver
- Thread starter crore
- Start date
crore said:Is it possible for a J1 physician to apply for i 485 via NIW during 3 years of J1 waiver.
Yes, it is possible, and is done quite routinely.
In fact that is the only 485 that you can file during the 3 year period. One cannot file the 485 from labor certification or any other process during that period.
H1b Valid?
Once one gets an EAD via NIW-140/485 petition, is the prior H1b valid or not? I am hearing 2 versions, first that it is and secondly that it is until you actually use the EAD or AP for travel or perhaps a moonlighting opportunity.
Anyone who has been through this and could clarify, this would be greatly appreciated.
Posmd
Once one gets an EAD via NIW-140/485 petition, is the prior H1b valid or not? I am hearing 2 versions, first that it is and secondly that it is until you actually use the EAD or AP for travel or perhaps a moonlighting opportunity.
Anyone who has been through this and could clarify, this would be greatly appreciated.
Posmd
You will get an EAD, however the MOMENT you use it, you will invalidate your H1b status. This is a problem, because you have to fulfill the 3 years of your waiver requirement IN H1b status.
So, you can file the I485 along with the I140, but you cannot use any of the secondary benefits that come with it. The main advantage is that your spouse can file an I485 as well and CAN use the EAD.
So, you can file the I485 along with the I140, but you cannot use any of the secondary benefits that come with it. The main advantage is that your spouse can file an I485 as well and CAN use the EAD.