J1 waiver pending with Department of State (Dos) and pending I-485 application. Can I use the EAD? Urgent help needed!

rs_2022

New Member
Hi Everyone,

Right now I am working as a Post-doctoral researcher in J1 visa. I am also a dependent applicant for EB1B category GC. I have a very specific situation and I want your opinion. I have submitted my final stage of J1 waiver application to DOS on 24th July, 2021. And without further delay, I applied for the I-485 application on 30th August, hoping that my J1 waiver will be done before the adjudication of I-485. I have provided my timelines below. Now, I have received my GC-based EAD. I have a job offer from Industry and I have to start in the new role end of January, 2022.

If I start working on this GC-based EAD (485 still pending) while J1 waiver is still with DOS, what are the chances my i-485 will be denied by the adjucating officer (I am hoping by that time I will have my waiver in hand). If my 485 case is denied, I will be out of status at that point. Is there a way I can apply for another I-485 when I get my final waiver from USCIS. Will that second I-485 will give me status or I have to leave the US immediately.

I know it will be best to start working with the GC in hand, but this current job offer is a dream job. Before taking this offer I want to evaluate what are the possibilities that I will have to leave the US.



Waiver timeline

Case updated on DOS website: 29th September 2021

According to other forums, people are getting ‘favorable recommendation’ 4-5 months after the case has been updated on DOS site.



485 & EAD timeline

485 receipt: 30th August 2021

EAD receipt: 6th October 2021

Biometric: 28th October 2021

EAD expedite request: 24th November 2021

EAD approved: 6th December 2021
 

wagecuck3

Member
Whether or not you use the EAD will have no impact on your pending I-485. However, using the EAD to switch jobs will void your J-1 status. If the I-485 is denied after you have ceased to have nonimmigrant status, you will only be eligible to file a second I-485 if you qualify for an INA 245(k) exemption. Generally, this means that, at the time of filing, you can only have up to 180 out of status days since your most recent lawful admission. If your first I-485 is denied and you do not qualify for the 245(k) exemption, you will have to leave the US and apply for an immigrant visa.
 
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