J1 waiver, using AP


Registered Users (C)

I'm finishing my 3rd year J1 waiver in July 2010, applied for GC through both
NIW (I-140 and I-485 filed concurrently in July 2007 and already got EAD, AP in last month) and
PERM (Labor done, I-140 filed in last month) processes.

My question is :

I'm from India and wanted to visit India after I finished my waiver in July 2010.

H1B extension is due in July 2010.

Can I use Advanced Parole when I come back ? If I use AP, can I still continue on H1B ?

Or to be on safe side, go for H1B extension and get visa stamped and use for the next 3 years ?

Gurus, please suggest.

Thanks in advance


New Member
I have no answer to your question. But I am in the process of applying for J1 waiver job in Child Psychiatry
Any suggestions on how to go ahead finding jobs would be greatly appreciated.



Registered Users (C)
Yes, you can use AP. I started using AP from my 1st year of waiver while visiting India, am in the same situation as you, am still on H1B, never used EAD, ending J1waiver in 3 months...


Registered Users (C)
Hi raj121b,

Thanks for your reply.

How did you get AP and EAD ? through NIW or PERM process ?



Registered Users (C)
I am from India. I am applying for J-1 waiver.I was thinking about NIW but I was told since I am from India and with Priority Dates so backlogged, that even though I apply for NIW my spouse or I won't get EAD or AP till 5 years unlike being from Pakistan or Nepal where there is no retrogression. I was wondering how did you get EAD/AP so soon that too within a year. Because if I can get it for my wife EAD/AP it would make our lives much easier as she could do her residency on EAD.


Registered Users (C)
I got EAD/AP through Physician Underserved Area NIW. In fact this NIW is the only condition in which you can apply I-485 during the 3 year waiver period. You cannot send in 485 based on any other application. I was born in a non-retrogressed country and therefore I could send in the 485/131/765 applications.


Registered Users (C)
IM/FP J1 waiver opportunity in Phoenix ,AZ in a large federally qualified comminity health center.The last date for state health deparment to accept application is November 30,2010.
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