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Can J2 stay if J1 I140 is approved however not yet I 485 is granted and J visa expires within a month from receiving I 140 approval?

Published Aug 20,2017 By Annie

Hi All,

I am J2 and my husband is on J1. He is also the primary applicant for GC and has received his  I140 approval.

However our J visa validity ends on 30th Sep,2017. We would like to know can J2 stay back post Sep if I-485 approval is not received until end of Sep,2017 ?

Helpful response will be much appreciated!

Thanks

Annie

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Tigran Kalaydzhyan
Tigran Kalaydzhyan
6 years ago

Hi Annie,

If your J1/J2 expires after filing I-485, you will have the “I-485 pending” status that allows you to stay in the U.S. Please note that once you file I-485, you, probably, won’t be able to reenter the U.S. with J1/J2 and have to apply for Advanced Parole to do so. Please feel free to ask any further questions in this thread.

Annie
Annie
6 years ago

Thank You Tigran for your response, this helps. Since J2 is allowed to work under J2-EAD so that also expires for me within a month but since I-485 is pending and I -140 approved , should there be a new EAD issues by USCIS? Would you throw some inputs in here please?

Thanks

Tigran Kalaydzhyan
Tigran Kalaydzhyan
6 years ago
Reply to  Annie

Hi Annie,

Yes, this is a standard practice to file the form I-765 (Application for EAD) together with the form I-485, so USCIS will issue you a new EAD in the meantime. In some cases (like in mine), the USCIS will not even proceed with I-765 and will issue the green card right away.

Elham Mohammadian
Elham Mohammadian
1 year ago

Hello
I’m J2 holder who works with J2 EAD.
I applied for i140 and is pending. I’m going to apply for i485 as well. So, can I work with my J2 EAD card while my 485 is pending?

BlogSupport
BlogSupport
1 year ago

My understanding is that you can work with J2 EAD while I-485 is pending as long as it is current. You would normally file Form I-765 together with I-485 to obtain an EAD based on pending I-485. This will allow you to work when/if J2 EAD expires. If in doubt, please contact an experienced attorney regarding this question, as we are not providing legal advice.

Ashish Gandhi
Ashish Gandhi
1 year ago

Hi all,
my I-140 EB1A is approved from overseas and USCIS will send notice of the I-140 approval to the National Visa Center (NVC) which will forward the petition to the appropriate consular post abroad. Meanwhile, my wife got a job in the USA and she is on the J1 VISA. My question is, am I eligible to apply for an Employment Authorization Document (EAD) and/or advance parole?

BlogSupport
BlogSupport
1 year ago
Reply to  Ashish Gandhi

This is a tricky question and you need to talk to a qualified attorney. It is also not clear from this message if you plan to apply for EAD based on J2 or if you plan to move the process towards the adjustment of status instead of consular processing.

Roz
Roz
9 months ago

Can a J2 EAD renewal application be afcected by a pending J1 i140 process?

BlogSupport
BlogSupport
9 months ago
Reply to  Roz

If you did not file I-485 together with I-140, then it should not.

Ali
Ali
8 months ago
Reply to  BlogSupport

Hi all
I am j1 researcher in us and I got my I140 approval, but I am in the i485 filing form waiting list, and my j1 visa is expiring, can I stay in US because of my 140 approval

BlogSupport
BlogSupport
8 months ago
Reply to  Ali

You cannot.

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