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.

Postdoctoral Research Associatte


I am currently in a J1-status and my DS-2019 will expire in Aug 2019. My I-140 EB2-NIW got recently approved. I am planning to apply for I-485 after J1 waiver.What happens if my J1 expires while my AOS is still pending? As far as I know, we can apply EAD. Can I use that EAD to continue my work as a postdoc? My wife also works as a J2-dependent.  Does my AOS filing affect her employment?

2 Responses to Postdoctoral Research Associatte

  • Tigran Kalaydzhyan says:

    Hi Robert,

    Congrats with approved I-140 EB2-NIW. Have you used our (or other’s) manuals or hired a lawyer?
    If your J1 expires while AOS is still pending (meaning, you have filed I-485), then you are allowed to stay in the country with I-485 pending status. You can use EAD to continue working as a postdoc. Normally, you would file the AOS and EAD forms for your wife at the same time as yours. In this case, your wife will receive EAD and will be able to work as well. Your AOS filing does not affect her EAD at the time of the filing. The only time she may not be able to work is when (and if) her J2 expires and EAD based on your AOS is not yet received.

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