J1 and I485 Jigesh and other gurus Please need a advice

P

putrevus

New Member
Hi Jigesh and all the others,

Please help me out, I am on J1 visa till august 2003.I applied for I485 along with my husband's I 485.I have got a Letter from department of State (DOS) saying that I dont require a waiver.I also obtained NORI processing it simutaneously.I got My EAD card and also finger print notice.please advise me on these things

1.do i need to get a waiver from INS since they already issued EAD does that show I dont need waiver.

2.From DOS letter and NORI how do i get a waiver from ins.

3.Does my J1 status be still valid or I have to show EAD to my employer.

thanks a Lot for all your help

putrevus
 
J-1 and I-485

Usually you have to get a J-1 waiver before submitting I-485 if you are subjected to two-year home residency. If you are not subjected then fine. Probably, you can not use J-1 visa anymore and you should submit a copy of your EAD to the HR. INS may ask for J-1 waiver as RFE and you should be ready for that. In my case, I got J-1 waiver first and and submitted I-485.
 
Re:J1 and I485

Hi,
Thanks for your reply I am subjected to 2 year rule.As said ealrier I got a letter from DOS stating I dont neec a waiver but it does have any case number or anything .INS has Issued EAD does this mean I dont need waiver any more.
Please how do I go about to get a waiver from here please advise


thanksa lot
 
EAD

INS issued you EAD that does not mean anything about your waiver. In the same way, issuance of finger print notice from the INS does not imply that you are cleared from J-1/waiver related issues. This question will arise when the INS is actually ready to adjudicate your I-485 (at current speed, approximately six to ten months after your I-485 receipt date).

However, the letter you received from the DoS saying that you are not subject to the HRR should be submitted along with your I-485 package. Even if there's no case number on this letter, I hope at least your name and address is mentioned over this letter and I guess it is an "advisory opinion" from the DoS. If you did not submit this letter while submitting your I-485, you will receive an RFE (request for further evidence) later on from the INS. You can submit this letter ("advisory opinion" from the DoS) while replying to the RFE - or perhaps, you can mail its photocopy even now with proper forwarding letter that mentions your I-485 case number and alien number (A# from your EAD or from the receipt notice of I-485).

I do NOT know whether the DoS can issue you a waiver based on NORI after first issuing an advisory opinion that you do not need a waiver. Mostly, they can't. However, if you want to learn about the procedure, check out NORI and miscellaneous services forms on: http://www.indianembassy.org/consular/index.htm
In my personal view, the advisory opinion from the DoS is all that INS will need in order to adjudicate your I-485. However, you can consult an attorney or call the INS.

If your J-1 status is still valid and if you did not enter the US on advance parole (AP), you can still work with the same employer on J-1. However, if you entered the US on AP or if you changed your employer or if your J-1 status is not valid currently, then you must use your recently issued valid EAD for employment.

Best wishes,

Jigesh

Disclaimer: Personal non-legal point of view only.
 
Last edited by a moderator:
Thank you Jigesh

Hi Jigesh,

Thanks a lot for your reply.I just called DOS they gave me a case number and they told me that I dont need a waiver.I have already submitted this DOS recommadation along with my I485.

As you said DOS told me I dont need a waiver.but do I need to do anything still with INS or this DOS letter is enough which I already submitted.

I have entered US using my J1 visa only and I was under impression after reading the chat questions of sheela murthy tthat any non immigirant visas other than h and L become invaild once you apply for AOS.

sorry for taking your time

thanks
 
If you already submitted the advisory opinion from DoS to the INS along with your I-485, I think you now do not need to do anything in J-1/waiver regard.

Your visa status remains the same (as I-94) unless you travel outside the US and re-enter either on another visa or as an adjustee (advance parole). This is my understanding. However, please note that I am not an attorney - I am just an ex-J-sufferer like many others on this forum. So if you read something else on an attorney's web-site, that will be an expert's opinion (unlike mine).

Best wishes,

Jigesh

Disclaimer: Personal non-legal point of view only.
 
Just want to add that if you use EAD, your J-1 is automatically invalid, that is my understanding.
 
thanks Fikabir and Jigesh

Hi,
Thanks a lot for all your replies.I really appericiate your help.I think fikabir is right .I will also confirm with an attorney and confirm it for others in similar situation.Jigesh many thanks again for taking time and answering my queries.

thanks
putrevus
 
You must log in or register to reply here.
Top