Blog for Postdocs / Phds, National Interest Waiver, Extraordinary Ability

Disclaimer: The contents in this web site are only for your information and are not intended to be legal advice. While many of our applicants successfully obtain their I-140 approvals, the information here should not be considered as a guarantee of your green card application outcome.

J2 EAD renewal while I140 pending


I am a Biomedical Engineer, doing a Postdoc in Los Angeles with a J1 visa (no two year home country residence requirement, since I am not paid with government funding, and my home country is not on the skill list). My visa and DS2019 were initially: March 2016-March 2018, same dates are present in my husband’s EAD, since, as a J2, he is actually using it for working. I have recently got a DS2019 extension from my sponsor, up to 2020, but my husband can ask for EAD renewal just 6 months before the expiration of the actual one, that means September 2017.

I am considering to apply for the EB2-NIW green card, in the next future. I have a doubt: let’s say I formally apply now (i.e. within May 2017), in September 2017, the I140 NIW will still be pending, and my husband will have to ask for the J2 EAD renewal at that point. Are there any conflicts? Is there any possibility that the J2 EAD renewal is denied because my I140 NIW is pending?

I need this information in order to understand whether it is more safe to apply now, or wait for him to get the J2 EAD renewal, and then start the NIW procedure!



6 Responses to J2 EAD renewal while I140 pending

  • Tigran Kalaydzhyan says:

    Hello Francesca,

    I do not know any J2 EAD denied in a similar situation. In contrast, there are plenty of F1 visas issued to persons whose spouses filed I-140, that makes me think that your immigrant intent is not your husband’s, because you are the beneficiary of the petition, but not your husband (until he files I-485). Another positive reason is that there is no question/comment of this sort in the I-765 form, nor in the instructions, meaning it should not affect the eligibility. However, since I am not sure about this particular side of the law I would like to recommend you to consult with an experience attorney regarding this matter. Please keep us updated on this case.

  • Francesca says:

    Thanks. Honestly, the attorney basically said the same, nothing bad ever happened in similar situation. Also, it seems that, generally, nobody knows any cases of J2 EAD denied for whatever reasons. But please, feel free to report cases you might know.

  • Francesca says:

    Hello. Thank you for your answer. I got attorneys’ consultations, and they said there were no cases of denied J2 EAD due to NIW I140 of the spouse. However, they also said they know no cases of denied J2 EAD, in general. Does anybody have knowledge of any denied J2 EAD (or denied renewal)? Thanks.

      • Patanjali says:

        Hi , I had a similar question. Do we know any case where J2 EAD can get denied? Especially based on the current regime we see in the US

        • Tigran Kalaydzhyan says:

          There are plenty of reasons why J2 EAD can be denied (as any other type of application), however, it happens rarely and I am not familiar with such cases. Speaking of the current immigration environment, I do not see any significantly negative changes reflected in the law or USCIS stats (besides for nationals of very few countries). There are some fluctuations to the positive and negative side, as usual.

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