J1 VISA expiring and I 485 is not current

Tjs

New Member
#1
I have my I-140 approved under EB1A category. Besides, my J waiver is accepted with USCIS. However, as I-485 is not current for India, I could not file my I-485 application and my J1 is going to expire in next few months.

My question is, if USCIS makes the I-485 application date current within 30 days after my J-1 expires, am I eligible to apply for that I-485. I am aware that, I can stay in USA for 30 days after my J expires, but I am not sure if I can apply for I-485 during that 30-day period.

Please help.
 

newacct

Well-Known Member
#2
You remain in status during the 30-day grace period, so you can file I-485 then. (And in fact, since you are in an employment-based category, you can file I-485 as long as you haven't been out of status or working illegally for 180 days since your most recent entry.)
 

Tjs

New Member
#3
Thank you very much for the information. I thought that I am only allowed to stay in USA for 30 days to settle the stuff and leave country and not allowed to apply for any other VISA.
 

Tjs

New Member
#4
However, I got the following information online. I am confused whether I can apply my I-485 or not during this period.

"“Following the completion of their program, the period defined on the Form DS-2019, the United States Citizenship and Immigration Services (USCIS) allows participants a 30-day travel period commonly referred to as the "Grace Period." During this 30-day grace period, participants are no longer in J-visa status, and are under the jurisdiction of the USCIS. The USCIS grants this period to allow participants to settle their affairs and to prepare to return to their home countries. Program participants may no longer continue and/or complete exchange activities, nor may they work. Although participants may travel in the United States, it is recommended that they do not travel beyond the borders of the United States as they may not be permitted reentry.”
 
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