J1 and 485

[proas999]

Can a spouse apply for a J1 visa when she has filed her 485 AOS application with her husband's 485 application? Is J1 purely non-immigratory visa like F1? Thanks.

 

[LucyMO]

J-1 is a purely non-immigrant visa. Why would your wife need J-1 status if she is in AOS status?????

 

[proas999]

J-1 is a purely non-immigrant visa. Why would your wife need J-1 status if she is in AOS status?????

She might need J1 or other status in case the 485 is rejected for the primary applicant. Can she then change to J1 after filing 485 (and later denied)? Thanks for your response.

 

[LucyMO]

yes, a person can indeed have and maintain a non-immigrant status while AOS is pending, provided the person does not obtain and use AOS work permit and advance parole. And, of course, as long as that person is following all the other aspects of his non-immigrant status.

What status was/is your wife is right now? Just AOS? What about before that? You may need to talk to a lawyer.

 

[proas999]

yes, a person can indeed have and maintain a non-immigrant status while AOS is pending, provided the person does not obtain and use AOS work permit and advance parole. And, of course, as long as that person is following all the other aspects of his non-immigrant status.

What status was/is your wife is right now? Just AOS? What about before that? You may need to talk to a lawyer.

She is on H4 right now.. She is fine . I'm just speculating on my part to have a safety net in case our 485 is denied in the future. She would be on H4 if 485 is denied.. So, she would be fine status-wise.

However, the question was - IF she wants to apply for a job on her own and if she does not get H1B can she even apply (and later get approval) for J1 if she had 485 filed? Thanks a lot for your response.

 

[LucyMO]

she can apply, but will she be approved? Who knows... Perhaps, you should ask your question in the H1 section. If you didn't already. I wouldn't know, since I don't check it.