Travel on J1 while I-140 applied

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chaukka

Registered Users (C)
I apologize if this is not the right section to ask this question. I am a citizen of India on a J1 visa with a granted HRR waiver. I am planning to apply for I-140 (EB1-EA) in end of Nov. 2007. My question is if I can travel to India in Dec.2007 and come back to US on my valid J1 visa? Or should I wait until I come back from my India trip in Jan 2008 to apply for I-140?
Any advice would be appreciated.
 
You can't travel on J1 once you file the I-140 since you have shown immigrant intent. If you can file I-485 in parallel you can get AP and EAD and switch to parolee status, but your J1 will be mostly useless. You can't use it to enter the US, and you can't renew it.
 
True. Basically, a visa is a document in your passport that allows you to apply for admission at the port-of-entry once you land in the United States. Actual admission is determined by the immigration inspector, not by the mere issuance of a visa. If you present a J-1 visa to the inspector, you are applying to enter the US under the provisions of that visa, i.e. a non-immigrant with the intent to return home after your program ends. You already have a waiver of the HRR, which is one strike against you, and if you file I-140 then you will effectively negate that visa. You can remain a J-1 while still in the United States (but you cannot extend your DS-2019), but once you leave, it is very risky to apply for readmission with a J-1. I wouldn't do it, and as nscagony said, wait to get advanced parole first.
 
I am sorry I have probably missed that!
If I apply for I-140 with a J-1, Can I extend my DS-2019 while I am in the country?? or not?? (I understand I cannot leave and reapply for a visa)
If not, and I didn't apply for I-485, then what will my status be??
thanks
 
hnks said:
I am sorry I have probably missed that!
If I apply for I-140 with a J-1, Can I extend my DS-2019 while I am in the country?? or not?? (I understand I cannot leave and reapply for a visa)
If not, and I didn't apply for I-485, then what will my status be??
thanks
Click to expand...

I think you can extend your J-1 when you have applied for I-140 but you need send in all yuor DS-2019s to get waiver from both DOS and USCIS before applying for I-485.

I am not sure about your second question may be some experts can answer.

Good luck
 
To my knowledge it is very tricky situation, Once you file a immigration petition, you will not be eligible to extend the DS.
 
After some asking a couple of people
I was told the following:
J-1 status: applying for a waiver means no more Ds-2019 renewal and therefore cannot be on J-1. Only thing is to apply for 485 same time and be on a parolee status.
In my case, I do not have a waiver, so I was told that if I apply for I-140, I can still extend my DS-2019 since no waiver is applied to (or needed in my case).
But if a J-1 scholar has applied for a waiver, he/she cannot extend his J-1 and has to be either on a parole status (i.e. has to apply for 485) or change to H-1. Alternatively, as Lakksh mentioned, one can apply for 140 and after its approval, one can apply for a waiver and once approved apply for 485 and be on a parolee status.

If someone has any additional information or things the above info is incorrect, please post.
thanks
 
Yes, once you have a waiver you cannot extend your DS-2019. So, some people what they do is they will extend their DS-2019 for the maximum possible period and then apply for waiver. Then, one will have lot of time to do all the processes like I-485 etc., So, even if you have your waiver when you apply for I-485, still you can stay on J-1 until your DS-2019 expires. Who knows? by the time your DS-2019 gets expired, you may have your GC in your hand. Even if you don't have GC in your hand by that time, you may start using your EAD after that.

Hope this helps.
 
Travel after J-1 waiver

Thanks for your response. I had another question.

Can I travel outside US and enter back on J1 if I have a HRR waiver (I-140 not applied yet). In one the responses to the original question it was mentioned that the waiver is already considered as a strike. I would just like to get advice on whether it would be safe to travel outside US (and enter back) with a J1 with HRR waiver if I have not applied for I-140 yet?

Thanks
 
You already have immigration intent (you got the HRR waiver, you are posting here about applying for GC). Thus, you are ineligible to enter the US on J-1.

What you are asking whether INS is likely to suspect/find out about it, and stop you from entering. Thats hard to predict.

If you re-enter the US on J-1 you are breaking the law in theory. Wether you will have problems in practice, you will have to find out. I would suggest you weigh the risks. Is the travel really worth being banned from re-entering? Why not apply for I-485 and wait for AP?
 
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nscagony said:
You already have immigration intent (you got the HRR waiver, you are posting here about applying for GC). Thus, you are ineligible to enter the US on J-1.

What you are asking whether INS is likely to suspect/find out about it, and stop you from entering. Thats hard to predict.

If you re-enter the US on J-1 you are breaking the law in theory. Wether you will have problems in practice, you will have to find out. I would suggest you weigh the risks. Is the travel really worth being banned from re-entering? Why not apply for I-485 and wait for AP?
Click to expand...

I am sorry, maybe I did not make myself clear and maybe this is not the right forum to ask this question. My situation is that I have not applied for my I-140 yet. I was planning to travel before I send in my I-140 application. I have a HRR waiver and was wondering if I can enter US on a J1 before I apply for my I-140.

Thanks
 
chaukka said:
I am sorry, maybe I did not make myself clear and maybe this is not the right forum to ask this question. My situation is that I have not applied for my I-140 yet. I was planning to travel before I send in my I-140 application. I have a HRR waiver and was wondering if I can enter US on a J1 before I apply for my I-140.

Thanks
Click to expand...

So you need to re-structure your question like this- Can I enter US on J-1 visa though I have already obtained HRR.

You question of applying I-140/I-485 after entering US - YES u can. Make sure you ask right question and keep it clear. it helps forum members to share their knowledge and need not waste their time unnecessarily.
 
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