Self help packets

Recent Posts

Can I apply my own? What green card application options does a postdoc have? USCIS delays rule changing list of documents acceptable to verify employment eligibility

Yearly Archives

Ds2019 and EAD

Published Apr 3,2018 By Jane

Hi,

I would like to do a concurrent filing (I-140 and I-485) and have some questions.

  1. In my case, 2-years rule does not apply. Am I right that I don’t have to get J1 waiver?
  2.  My J1 visa was expired but my DS2019 is valid until the end of November 2018. Is it ok?
  3.  Let’s say, I’ll file all the documents for I-140 and I-485 this month. My DS2019 is valid until the end of November. May it be a problem? If I don’t get EAD by those time, I won’t be able to renew DS2019? Do the strart to review I-485 only after  I-140 is approved?

    Thanks,
    Jane

 

Posted in I-485
Subscribe
Notify of
guest
23 Comments
Oldest
Newest
Inline Feedbacks
View all comments
Tigran Kalaydzhyan
Tigran Kalaydzhyan
6 years ago

Hi Jane,

1. Yes, if 2-year rule does not apply (as stated in the visa stamp and DS-2019), then you do not need a waiver.
2. Yes, this is ok.
3. Once you file I-485, you can stay in the country legally with the I-485 pending status, until the decision on I-485 is made (even if J1 status expires). Once you file I-140 you may not be able to renew DS-2019, because it will be in conflict with I-140 demonstrating immigration intent. If your I-140 is approved, you can file I-765 for EAD.

Please feel free to ask further questions in this thread.

Francesca
Francesca
6 years ago

I have a related question. What is the impact of filing I485 during the J1 period? I mean, does the I485 filing automatically jeopardize the possibility to go on working with the same employer under the current J1?
I ask you this since I was planning to apply for I485, EAD and AP, but NOT to use the I485 EAD until the expiration of my J1, just to be safe, and not to travel abroad, in order not to become a parolee.
Also, let’s say the I485 gets denied, and I have never used the related EAD and AP, can I still go on working under my current J1?

Thanks!

Tigran Kalaydzhyan
Tigran Kalaydzhyan
6 years ago
Reply to  Francesca

You can still work with J1 even if you filed I-485. And you are right, that you will have to stay in the country for that period. If your I-485 gets denied, you can still use your J1 to work, if you stayed in the country while I-485 was pending.

MALLIKARJUN
MALLIKARJUN
5 years ago

In retrogression period if I-140 is approved in EB1A category, will the spouse and me are eligible for EAD ?

Tigran Kalaydzhyan
Tigran Kalaydzhyan
5 years ago
Reply to  MALLIKARJUN

Depending on your spouse’s visa, she may become eligible for EAD after I-140 is approved. What visas do you have?

Juni
Juni
4 years ago

Hi,

My DS2019 is being extended and I will get new DS2019 in3-4 weeks. I was wondering if I can file for I140 and I485 right now or should I wait till DS2019 is renewed and then after that wait another 90 days and then file for I140 and I485?

BlogSupport
BlogSupport
4 years ago
Reply to  Juni

I would wait for the new DS2019, as you will have to attach a copy of it to your petition (also, to avoid surprises, check the bottom of the form regarding Section 212(e): The Two Year Home Residency Requirement). You do not have to wait 90 days before filing I-140 and I-485. The 90-day rule is for a person entering the U.S. on a non-immigrant visa, not for someone getting extension while being in the country.

Surendra Devarakonda
Surendra Devarakonda
2 years ago

Hi,

I am a post-doc working in CDC and I recently got my I-140 under EB1A approved. After that I applied for the J1 waiver from India in February 2021 but it has been taking a long time due to the COVID and the general bureaucracy there. My J1 visa is going to expire Jan 2022. The current processing time for issuing EAD while I-485 is pending seems to be more than 8 months. My questions are:
1) Can I apply for I-485 while the J1 waiver is pending and submit the waiver once I receive it as the processing time for I-485 is long.
2) Can I apply for EAD simultaneously with I-485 while the J1 waiver is still pending.
3) If I don’t get the EAD before my visa expires in Jan 2022, can I still be legal in USA while the I-485 is pending.

Appreciate your responses.
Thanks,
Surendra

BlogSupport
BlogSupport
2 years ago

Hi Surendra,

1-2) You can file I-485/I-765, but if you miss timing with J1 waiver, your application can be denied. So it might be a better idea not to file I-485/I-765 until you have the waiver on hand.
3) You can stay in the U.S. legally while I-485 is pending.

Surendra Devarakonda
Surendra Devarakonda
2 years ago
Reply to  BlogSupport

Hi,

Thanks for the previous response. I am still waiting on my J1 waiver and my current DS-2019 is going to expire in Jan 2022. I might be on a very tight timeline to apply for the I-485/I-765. In the present scenario it looks like USCIS is taking several months to even give a receipt number for I-485 application. I am not sure how long it is taking to issue the receipt number for I-765. If I get my waiver and I apply for I-765 and I-485 simultaneously before January but do not get a application receipt number before my status expires, do I become out of status. If I only get the receipt number for I-765 and not for I-485, would that be considered legal presence. Appreciate your response.

Thanks,
Surendra

BlogSupport
BlogSupport
2 years ago

Hi Surendra,

If you stay beyond 30-day grace period after your J1 expires and you do not receive confirmation of I-485 pending, then you may find yourself out of status and staying in the U.S. illegally.

Jay
Jay
1 year ago

Hi, I have a related question. I’m a J-1 holder with a valid DS-2019. It is my understanding that while my AOJ is pending I can switch to my EAD card even before the end of my DS-2019, but it will invalidate my J-1 status.

Meanwhile, my spouse (J-2 holder) has an EAD card approved at the start of my J-1 program. Suppose I start to use my EAD card, what happens to her EAD card? My guess is that her EAD card is tied to the valid status of the principle J-1 holder, which is me. If I no longer have a valid J-1 status, her EAD card will immediately be revoked. Is this right?

BlogSupport
BlogSupport
1 year ago
Reply to  Jay

Hi Jay,

Not sure what you meant by AOJ. Maybe it should be AOS? (adjustment of status) If so, then yes, you can get EAD while AOS is pending and you cannot extend your J-1.

Has your spouse applied for the adjustment of status?

Walter
Walter
1 year ago

Hi Jay,

I understood that I could not renew my J-1 visa status with the submitted pending i-140 application. My DS-2019 will expire by December 1, 2022. What type of visa can my current employer provide while waiting for NIW-EB2 approval? I am planning to file my i-148 as soon as possible before the expiration of my current status.

BlogSupport
BlogSupport
1 year ago
Reply to  Walter

You can ask your employer for a “dual intent” visa, such as H1-B or, in more special circumstances, O-1.

Osinachi
Osinachi
1 year ago

Hello,

I am wondering if I can still work with my EAD, which expires Sept 30, 2022, when the DS_2019 document upon which the EAD was granted has been canceled? I am a J-2 dependent who is awaiting a response on I-539 application

BlogSupport
BlogSupport
1 year ago
Reply to  Osinachi

Normally, the J-2 dependent may work until the end date indicated on the EAD card or until the J-1 principal visitor completes his or her program, whichever is earlier. However, since we are not familiar with Form I-539 and since we are not allowed to give a legal advice, it would be better for you to consult with a qualified attorney.

MB
MB
1 year ago

Hello,

I am currently a Postdoc on J1 and was wondering if I can renew my DS2019 while my Adjustment of status is pending. I have an EB1A based i140 currently pending.

Also, when I receive my i140, can keep my postdoc position with the J1 visa?
My wife has an EAD based on J2, she is included in my i140 application, can she keep working after i140 approval on her old ead (not expired) if i m still on J1 (if have the right to stay on J1 while AOS is pending and I can renew my DS2019 during that time)?

Thank you!

BlogSupport
BlogSupport
1 year ago
Reply to  MB

Hello,

Just to make sure, did you file I-485 together with I-140?

BHASKAR
BHASKAR
1 year ago

Hi,

I am in 2 year of J1 visa. My DS2019 will expire on 01 September 2023. I will be able to get extension till 01 September 2024. If I file EB1B I-140 after getting this extension, do i loose my legal status to stay in USA with approved I1-40 and expired Ds2019 in case the priority date is not current for filing I-1485.

BlogSupport
BlogSupport
1 year ago
Reply to  BHASKAR

Approved I-140 by itself does not grant legal stay in the U.S. You would need a pending I-485

Paco
Paco
8 months ago

I am currently on a J1 visa that will expire in three months. I have secured a job that will transition my J1 status to an H1B under a cap-exempt employer. Will submitting an I-140 application (EB2-NIW) while on my J1 visa impact the upcoming change from J1 to H1B?

My aim is to file the I-140 promptly. If approved before the H1B application, it would allow my spouse to concurrently file for H4 with EAD

BlogSupport
BlogSupport
8 months ago
Reply to  Paco

Filing I-140 should not create problems, because you will transition to H1B, which is a dual intent visa.

Self help packets

Recent Posts

Approved NIW I-140

Recent Posts

I-140 and J1 home residency rule

Recent Posts

Public Policy researcher

Recent Posts

Approved I-140

Archives