NIW and J1

V

vezunchik

Registered Users (C)
NIW and J1
Hi, everybody. I have a standard question. My wife is preparing
right now a petion for NIW. She has J1 right now (no subject
for 2 year return) The problem that her visa (stamp) in the passprot expires at the end of June. Her official in her university told her that she will get new form for J1 without a problem.

Now the questions. Having J1 status updated on new year
can she
1. Apply for NIW and after this try to getr a new stamp in the passport. Or this is contrrdictory?
2. If she fisrt gets the new stamp J1 in the passport, could she immediately apply for NIW? Or there is few (2-3) months wating rule?
3. If she first applies for NIW and then automatically gets new J1 via university - is this legal?
Thanks a lot
 
J1 is a non-immigrant visa. As soon as your wife applies for I140/I485 - adjustment of status - this shows an immigration intent and she will not be able to extend her J1 status after that.

BTW, J1 status extension is not a new stamp in the passport, - it is just a form (IAP-66) that extends her status for one more year.

Also be ware that NIW petitions can be denied by BCIS (after a long wait in line for adjudication).

So I would suggest - renew J1 status for one more year (you can do it several months ahead of old J1 status expiration), and right after extension is granted - immidiately apply for I140 (NIW)/I485.

Uspehov,

EB12 OR VSC
RD: 03-19-2003
ND: 04-02-2003
 
Thanks a lot, Gegemon. But her official in the university told her that IAP-66 can be gotten withno problem even she will apply for NIW. This is not a true? And how long before the visa expires she can get the stamp in the passport?
May I ask you something in a personal mail (Spasibo)
Thanks a lot
 
Initial IAP-66 form should be approved by INS. There is an INS stamp on IAP-66. As for the extension of status for one more year, I think INS has to be notified by your University only. My IAP-66 extension form does not have an INS stamp.
May be that is why your International Office says that pending I140/I485 would not affect the J1 extension of stay.

I think you can apply for an extension three months in advance before current J1 status expires. Better check with your International Office.
There will be no more stamps in the passport - visa will expire in the passport, but status will be still valid through J1 extension - IAP-66 form.

I have enabled my private messaging option so you can send me a message directly - it will go to my e-mail.
 
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