pianoplayer
Registered Users (C)
dr_lha said:
The filing of I130 does not terminate a current visa status per se. Filing I485/AOS may, depending on the visa status.
Question for a friend....for real!
- Thread starter sarrebal
- Start date
The filing of I130 does not terminate a current visa status per se. Filing I485/AOS may, depending on the visa status.
That is well known fact and not the scope of my doubt.pianoplayer said:
No one has ever shown the evidence of this. I'm asking evidence rather than your own interpretation.
As I repeatedly am saying, I'm not at the position to conclude J status is valid or invalid. Since you guys confidently says J is invalid, I'm asking proof.
If you provide it, discussion is done, then. So, why don't you present it, and let this thread go.
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For example, E visa is not dual intent(some people says it is, but it is because they can extend it indefinitely. E is not dual intent in the same way as H1/L1 is). Back in 90s, concurrerent filing was not allowed. I had a couple of E visa holders in my employer and they filed I-140 first, and then went to I-485. After filing I485, they did not apply for EADs.dr_lha said:
It was time that I-485 took longer than now, and it was very common to take more than a year. If I485 invalidated E status, they most likely worked more than 180 days without authorization,which is beyond 245(k) coverage, and their I-485 applications were supposed to be denied. It did not happen.
Let me ask you some question. Are you a phD(as your account name is dr_) ? if so, have you ever written any papers without showing material fact ?
To convince the people, showing material fact is essential and that is why I'm asking for it and I'm pretty sure there are a lot of people interested in it here, you know that ?
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I agree with GotPR. USCIS does not seem to have a clear stand on this issue, or even if they do they don't act on it.
I was on J-1 working on practical training when I got married and applied for AOS. I personally asked the immigration officer if I needed to get a work permit when I/we filed all the forms 130/485. She said..."NO, just use your practical traning letter since it is still valid for several months". I thought she was wrong....but back then I only knew very little and cared very little about these silly INS rules. (actually i still do
)
Anyways, at the AOS interview again another officer asked me if i had a work permit and i said no...that I have been working with the PT letter. She accepted it and never said anything about working illegally. Got approved without any problems.
So I don't know...maybe the same way H-1 allows dual intent when an employer wants to sponsor you, then going from J-1 to AOS should allow a temporary dual intent status when a family member wants to sponsor you.
At the end there is no 100% guarantee either one (spouse or employer) will finally get you a GC, so don't we ALL have dual intent during that period of time?.
I was on J-1 working on practical training when I got married and applied for AOS. I personally asked the immigration officer if I needed to get a work permit when I/we filed all the forms 130/485. She said..."NO, just use your practical traning letter since it is still valid for several months". I thought she was wrong....but back then I only knew very little and cared very little about these silly INS rules. (actually i still do
)Anyways, at the AOS interview again another officer asked me if i had a work permit and i said no...that I have been working with the PT letter. She accepted it and never said anything about working illegally. Got approved without any problems.
So I don't know...maybe the same way H-1 allows dual intent when an employer wants to sponsor you, then going from J-1 to AOS should allow a temporary dual intent status when a family member wants to sponsor you.
At the end there is no 100% guarantee either one (spouse or employer) will finally get you a GC, so don't we ALL have dual intent during that period of time?.
Al Southner
Registered Users (C)
machelon said:I agree with GotPR. USCIS does not seem to have a clear stand on this issue, or even if they do they don't act on it.
I was on J-1 working on practical training when I got married and applied for AOS. I personally asked the immigration officer if I needed to get a work permit when I/we filed all the forms 130/485. She said..."NO, just use your practical traning letter since it is still valid for several months". I thought she was wrong....but back then I only knew very little and cared very little about these silly INS rules. (actually i still do
Anyways, at the AOS interview again another officer asked me if i had a work permit and i said no...that I have been working with the PT letter. She accepted it and never said anything about working illegally. Got approved without any problems.
So I don't know...maybe the same way H-1 allows dual intent when an employer wants to sponsor you, then going from J-1 to AOS should allow a temporary dual intent status when a family member wants to sponsor you.
At the end there is no 100% guarantee either one (spouse or employer) will finally get you a GC, so don't we ALL have dual intent during that period of time?.
Machelon,
Your situation is totally different from what Dr. and GotPR are in discussion about. In your case, you were issued a PT, which is a valid work authorization for people who hold an F1 or J1 visa to get practical training. As such, your filing for AOS didn't necessitate a work permit as you already held one issued under those visa (F1 or J1). Unless you wanted to give the US govt more money by filing for a new I-765. USCIS didn't have any goods on you with regard to working illegally, because you were authorized to work by immigration.
J1 visa IS NOT A DUAL INTENT VISA, period.
If it was a dual-intent visa, then the immigration officials would have made a notation or amendments to the statute governing this visa. The last time I checked, there was none of this. Also, if it was as dual intent visa, then why the HELL many J1 visa holders have to apply for a waiver against their sponsors to remain in Uncle Sam? 
According to the argument advanced by GOTPR, because USCIS would have ignored the waiver and acknowledged that this visa is dual intent, so the intention to remain in US supercede the objection of a sponsor.Working on a J1 visa without employment authorization is a violation of this visa and your sponsor MUST have briefed you on this issue. As such, having a social security card is not a carte blanche to violation of US laws.
Sar's friend's case is a little bit different, because he is engaged in practical training, hence he was issued a SSC and is working. However, beyond any recognized agreements with USCIS, J1 working without permission is going to be busted. Someone filing a 1-130 petition doesn't terminate your non-immigrant status, except filing a I-485 with that petition. The only exception are H1, L or M visa to this filing, as those indicate dual intent. 
GotPR, what "material fact" are you seeking from Dr_Lha?
Lastly, why did the US govt create a J1 visa? The logic for this was for exchange of knowledge and cultural understanding among students and people of other nations and the US. Hence the US sponsor pays for each and every expense an exchange student has whilst they are a student here. So, if this was for exchange purpose, why then would the US govt create an ambiguity in this visa by giving it a dual intent? Imagine this: Let us bring foreign students here to learn about our culture and for us to do the same, oh.... by the way, after they are done with their learning, we invite them to stay forever, become LPR and citizens and never go back to share and contribute to their own countries....... This logic pale in comparison to all forms of absurdities.... 
That's a nice idea, but the dual-intent status of H and L visas is specifically written into law, there's no such legal wording for J-1s. As with everything your mileage may vary.machelon said:
To be honest though as USCIS forgives illegal work if you're married to a USC, I very much doubt if the status of your legality to work when you go from J-1 to AOS is ever really a problem, especially as the US Government basically doesn't bother prosecuting employers for hiring illegal workers.