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

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Ds2019 and EAD


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?



3 Responses to Ds2019 and EAD

  • Tigran Kalaydzhyan says:

    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 says:

    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?


    • Tigran Kalaydzhyan says:

      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.

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