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!
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