Hi everyone,
I am a postdoc on J-1 visa which is expiring in July 2008. I have I-140 (EB-1) pending since July 2007 and according to current processing dates for TSC I should know the results soon. My visa advisor at the University suggests that I should file I-485 as soon as possible, even before knowing the outcome of my I-140 application, since the University is concerned that I won’t get my EAD card in time before the end of July, when my J-1 will expire, since it can take up to 90 days to process EAD. These 90 days (before the end of July) will start counting in May. And if EAD is still not approved before the expiration of my J-1 visa then I won’t be able to work and has to be separated from the University.
Now, when I asked my International Advisor what will happen if my I-140 is denied, she says that in this case they’ll simply extend my current J-1 visa when it will be coming close to expiration. Is this really the case? Because I read on several occasions on various immigration forums that filing I-485 (Adjustment of Status) effectively negates the J-1 visa and it can’t be extended after that. So if I file I-485 now and then find out that my I-140 is denied that would mean that my I-485 will be also denied and I’ll be out of status? Is my understanding of this issue correct? Or is my visa advisor at the University correct and my J-1 can be extended without any problems if I-140 is denied?
I am a postdoc on J-1 visa which is expiring in July 2008. I have I-140 (EB-1) pending since July 2007 and according to current processing dates for TSC I should know the results soon. My visa advisor at the University suggests that I should file I-485 as soon as possible, even before knowing the outcome of my I-140 application, since the University is concerned that I won’t get my EAD card in time before the end of July, when my J-1 will expire, since it can take up to 90 days to process EAD. These 90 days (before the end of July) will start counting in May. And if EAD is still not approved before the expiration of my J-1 visa then I won’t be able to work and has to be separated from the University.
Now, when I asked my International Advisor what will happen if my I-140 is denied, she says that in this case they’ll simply extend my current J-1 visa when it will be coming close to expiration. Is this really the case? Because I read on several occasions on various immigration forums that filing I-485 (Adjustment of Status) effectively negates the J-1 visa and it can’t be extended after that. So if I file I-485 now and then find out that my I-140 is denied that would mean that my I-485 will be also denied and I’ll be out of status? Is my understanding of this issue correct? Or is my visa advisor at the University correct and my J-1 can be extended without any problems if I-140 is denied?