Need some help filling out AOS paperwork, eek!

[RebeccaAndPhil 5]

Hello all! My fiance, Phil, and I are getting married in August but we'd like to start on all the paperwork ahead of time so we can send it in right after we get married. He is here on a J1 visa (not subject to 2 year residency- we checked his paperwork) from Canada and that will expire April 2010. Now that I have the background info out of the way, here are a few questions I have come up with so far (I'm sure I will be having a ton more down the road!):

-Since Phil currently has work authorization on his active J1 visa, should we apply for an EAD when we send the paperwork in August/September? If so, will he still be legal to work while waiting for the EAD? If not, when should we eventually send it in? The whole filing of an EAD while currently working in the US is really confusing to me!

-Just a small general question about filling out the paperwork- can I type everything up online in the PDF and then print it out or does it have to be handwritten? If I can type it up, should everything be in all caps (I've started doing some filling out and I did it in all caps, just wanted to be sure...I'm sure they are picky on everything!)

-Since I am filling this out as a "married" woman (getting married in 2 months but obviously when we send this is we'll be married and I will have his last name) when they ask for Family Name, is this my maiden name or the married name I will be having of my husband's last name?

Those are the questions I have for now..I'm sure you'll see me around a lot more!! Thanks in advance for the help!

[Bobby+Umit 161]

Hello all! My fiance, Phil, and I are getting married in August but we'd like to start on all the paperwork ahead of time so we can send it in right after we get married. He is here on a J1 visa (not subject to 2 year residency- we checked his paperwork) from Canada and that will expire April 2010. Now that I have the background info out of the way, here are a few questions I have come up with so far (I'm sure I will be having a ton more down the road!):

-Since Phil currently has work authorization on his active J1 visa, should we apply for an EAD when we send the paperwork in August/September? If so, will he still be legal to work while waiting for the EAD? If not, when should we eventually send it in? The whole filing of an EAD while currently working in the US is really confusing to me!

If the J-1 is still valid, then that will work. There are some cases where using the EAD cancels the other work type visa, you may want to check into that.

-Just a small general question about filling out the paperwork- can I type everything up online in the PDF and then print it out or does it have to be handwritten? If I can type it up, should everything be in all caps (I've started doing some filling out and I did it in all caps, just wanted to be sure...I'm sure they are picky on everything!)

Only use caps where it says to (like for last name). Using the computer to fill the forms out is preferred, but if you have legible handwriting - that is acceptable.

-Since I am filling this out as a "married" woman (getting married in 2 months but obviously when we send this is we'll be married and I will have his last name) when they ask for Family Name, is this my maiden name or the married name I will be having of my husband's last name?

Use your legal name at the time you fill it out. (so if you change it prior, use that new name)- If they want your maiden name, they will ask for it on the form as such.

Those are the questions I have for now..I'm sure you'll see me around a lot more!! Thanks in advance for the help!

[RebeccaAndPhil 5]

Hello all! My fiance, Phil, and I are getting married in August but we'd like to start on all the paperwork ahead of time so we can send it in right after we get married. He is here on a J1 visa (not subject to 2 year residency- we checked his paperwork) from Canada and that will expire April 2010. Now that I have the background info out of the way, here are a few questions I have come up with so far (I'm sure I will be having a ton more down the road!):

-Since Phil currently has work authorization on his active J1 visa, should we apply for an EAD when we send the paperwork in August/September? If so, will he still be legal to work while waiting for the EAD? If not, when should we eventually send it in? The whole filing of an EAD while currently working in the US is really confusing to me!

If the J-1 is still valid, then that will work. There are some cases where using the EAD cancels the other work type visa, you may want to check into that.

-Just a small general question about filling out the paperwork- can I type everything up online in the PDF and then print it out or does it have to be handwritten? If I can type it up, should everything be in all caps (I've started doing some filling out and I did it in all caps, just wanted to be sure...I'm sure they are picky on everything!)

Only use caps where it says to (like for last name). Using the computer to fill the forms out is preferred, but if you have legible handwriting - that is acceptable.

-Since I am filling this out as a "married" woman (getting married in 2 months but obviously when we send this is we'll be married and I will have his last name) when they ask for Family Name, is this my maiden name or the married name I will be having of my husband's last name?

Use your legal name at the time you fill it out. (so if you change it prior, use that new name)- If they want your maiden name, they will ask for it on the form as such.

Those are the questions I have for now..I'm sure you'll see me around a lot more!! Thanks in advance for the help!

Thanks for the help! I'd really like to know if filing the EAD does cancel out the current J1 status or if he can use up the remaining months on his J1 before moving to his EAD. I've read contradicting things about this all over the internet- some say not to file EAD until J1 has run out, others say file EAD with all paperwork and he can still legally work. It's very confusing so any clarification is great!

[Bobby+Umit 161]

I thought this looked familer:

J-1 discussion here on VJ

[Bobby+Umit 161]

gah - internet lag.. duplicate

Edited June 18, 2009 by Bobby_Umit

[RebeccaAndPhil 5]

gah - internet lag.. duplicate

Yeah I remember reading that, it did have some contradictory information in there. Some is from VJ, other info is from lawyers. Is there any way to contact a consulate office who might know this information? Immigration lawyers seem to be hit or miss with their info from what I'm reading around the forums

[Bobby+Umit 161]

My read on it is - if you use the EAD, you just gave up your J-1 status, but since you have the EAD, you can still work, so it's not that big of a deal.

Only issue is if they deny your AOS, then you have no option but to leave (no more J-1 to allow you to stay here).

(Most cases I have seen involve the H-1B)

[RebeccaAndPhil 5]

My read on it is - if you use the EAD, you just gave up your J-1 status, but since you have the EAD, you can still work, so it's not that big of a deal.

Only issue is if they deny your AOS, then you have no option but to leave (no more J-1 to allow you to stay here).

(Most cases I have seen involve the H-1B)

Do you think we could wait then to send in the EAD paperwork until 2-3 months before his J1 would expire. That would be mean sending it in around Jan or Feb 2010 whereas all other paperwork would have been sent in this August. Is this possible?

[Bobby+Umit 161]

My read on it is - if you use the EAD, you just gave up your J-1 status, but since you have the EAD, you can still work, so it's not that big of a deal.

Only issue is if they deny your AOS, then you have no option but to leave (no more J-1 to allow you to stay here).

(Most cases I have seen involve the H-1B)

Do you think we could wait then to send in the EAD paperwork until 2-3 months before his J1 would expire. That would be mean sending it in around Jan or Feb 2010 whereas all other paperwork would have been sent in this August. Is this possible?

The key word is "use" not apply for. So I would send it all in, and not use it till you need too!

[RebeccaAndPhil 5]

My read on it is - if you use the EAD, you just gave up your J-1 status, but since you have the EAD, you can still work, so it's not that big of a deal.

Only issue is if they deny your AOS, then you have no option but to leave (no more J-1 to allow you to stay here).

(Most cases I have seen involve the H-1B)

Do you think we could wait then to send in the EAD paperwork until 2-3 months before his J1 would expire. That would be mean sending it in around Jan or Feb 2010 whereas all other paperwork would have been sent in this August. Is this possible?

The key word is "use" not apply for. So I would send it all in, and not use it till you need too!

Ah, I see! So even if we have the paper (or whatever the actual EAD thing is) in hand, as long as Phil doesn't hand it in to his employer he will still be on J1 work authorization? I really do appreciate your continued help!

[Bobby+Umit 161]

My read on it is - if you use the EAD, you just gave up your J-1 status, but since you have the EAD, you can still work, so it's not that big of a deal.

Only issue is if they deny your AOS, then you have no option but to leave (no more J-1 to allow you to stay here).

(Most cases I have seen involve the H-1B)

Do you think we could wait then to send in the EAD paperwork until 2-3 months before his J1 would expire. That would be mean sending it in around Jan or Feb 2010 whereas all other paperwork would have been sent in this August. Is this possible?

The key word is "use" not apply for. So I would send it all in, and not use it till you need too!

Ah, I see! So even if we have the paper (or whatever the actual EAD thing is) in hand, as long as Phil doesn't hand it in to his employer he will still be on J1 work authorization? I really do appreciate your continued help!

From my understanding. You may want to pop in on USCIS via a INFOPASS to confirm. (get it in writing )

[RebeccaAndPhil 5]

My read on it is - if you use the EAD, you just gave up your J-1 status, but since you have the EAD, you can still work, so it's not that big of a deal.

Only issue is if they deny your AOS, then you have no option but to leave (no more J-1 to allow you to stay here).

(Most cases I have seen involve the H-1B)

Do you think we could wait then to send in the EAD paperwork until 2-3 months before his J1 would expire. That would be mean sending it in around Jan or Feb 2010 whereas all other paperwork would have been sent in this August. Is this possible?

The key word is "use" not apply for. So I would send it all in, and not use it till you need too!

Ah, I see! So even if we have the paper (or whatever the actual EAD thing is) in hand, as long as Phil doesn't hand it in to his employer he will still be on J1 work authorization? I really do appreciate your continued help!

From my understanding. You may want to pop in on USCIS via a INFOPASS to confirm. (get it in writing )

Just to clear this issue up in case someone else is having the same problems, I did speak with two different people today on the phone about my question with the J1 status and EAD.

First I called the USCIS customer service number and I asked the woman "If my fiance files I-485 while he still currently has a J1 active until 03/2010, will he still be able to work until he receives his EAD?" She put me on hold and came back telling me that J1 visas have no portability provision so he wouldn't be able to work since his J1 would go into 'pending' status right when the I-485 is received. Quite disappointed, I hung up and continued to look for more information. I ended up calling a lawyer firm that has specifically dealt with J1 and AOS before and I managed to speak to a lawyer for a free consultation. I asked him the same question and he told me that my fiance would be able to continue to work under his J1 visa until it expires in March 2010. He told me that the USCIS representative probably thought I meant that my fiance intends to switch employers, whereas the J1 has no portability provision and he would not be able to do this. As long as he intends to stay working for the same employer (and he does), he can continue to work. I never told the USCIS representative that he would be moving to a different job but maybe she assumed that's what I meant.

He said to only give the employer the EAD a few months before the J1 status would expire. This is assuming that the 485 is not approved before March 2010 and by the looks of current wait times, it very likely won't be. If the I-485 isn't approved by March 2010, my fiance can continue working with the activation of his EAD.

So, in sum, you can continue working on a J1 visa even after filing a I-485 until your J1 status expires. Then, you want to activate your EAD and continue working under that until the I-485 is approved.

I hope this made sense!

Edited June 19, 2009 by RebeccaAndPhil

[rubyred 0]

we hunted high and low for info on this exact same thing - we called USCIS and they told us it was fine to work, BUT they couldn't point us to a specific law that set this is stone, and they couldn't guarantee their own advice since it's not 'legal advice'.

my j-1 was set to expire in july 09, we applied for AOS in april and received EAD at the end of may (it's valid for one year).

regarding filling out the forms: fill out as much as you can on your computer, but if that little '+' sign appears it means you've run out of room - just neatly handwrite in the rest in BLACK pen.

Edited June 20, 2009 by rubyred

[RebeccaAndPhil 5]

we hunted high and low for info on this exact same thing - we called USCIS and they told us it was fine to work, BUT they couldn't point us to a specific law that set this is stone, and they couldn't guarantee their own advice since it's not 'legal advice'.

my j-1 was set to expire in july 09, we applied for AOS in april and received EAD at the end of may (it's valid for one year).

regarding filling out the forms: fill out as much as you can on your computer, but if that little '+' sign appears it means you've run out of room - just neatly handwrite in the rest in BLACK pen.

Did you stop working from when you applied in April until when you got your EAD at the end of May? If you continued working, did you have any problems at all? Your situation is the same as ours since your J1 was still valid when you applied for AOS and my fiance's will still be valid when we apply for AOS as well. We'll probably get his EAD around October or so (we're filing in August or September) so we'll hold on to the EAD until his J1 expires in March 2010.

Edited June 22, 2009 by RebeccaAndPhil

[Bobby+Umit 161]

My read on it is - if you use the EAD, you just gave up your J-1 status, but since you have the EAD, you can still work, so it's not that big of a deal.

Only issue is if they deny your AOS, then you have no option but to leave (no more J-1 to allow you to stay here).

(Most cases I have seen involve the H-1B)

Do you think we could wait then to send in the EAD paperwork until 2-3 months before his J1 would expire. That would be mean sending it in around Jan or Feb 2010 whereas all other paperwork would have been sent in this August. Is this possible?

The key word is "use" not apply for. So I would send it all in, and not use it till you need too!

Ah, I see! So even if we have the paper (or whatever the actual EAD thing is) in hand, as long as Phil doesn't hand it in to his employer he will still be on J1 work authorization? I really do appreciate your continued help!

From my understanding. You may want to pop in on USCIS via a INFOPASS to confirm. (get it in writing )

Just to clear this issue up in case someone else is having the same problems, I did speak with two different people today on the phone about my question with the J1 status and EAD.

First I called the USCIS customer service number and I asked the woman "If my fiance files I-485 while he still currently has a J1 active until 03/2010, will he still be able to work until he receives his EAD?" She put me on hold and came back telling me that J1 visas have no portability provision so he wouldn't be able to work since his J1 would go into 'pending' status right when the I-485 is received. Quite disappointed, I hung up and continued to look for more information. I ended up calling a lawyer firm that has specifically dealt with J1 and AOS before and I managed to speak to a lawyer for a free consultation. I asked him the same question and he told me that my fiance would be able to continue to work under his J1 visa until it expires in March 2010. He told me that the USCIS representative probably thought I meant that my fiance intends to switch employers, whereas the J1 has no portability provision and he would not be able to do this. As long as he intends to stay working for the same employer (and he does), he can continue to work. I never told the USCIS representative that he would be moving to a different job but maybe she assumed that's what I meant.

He said to only give the employer the EAD a few months before the J1 status would expire. This is assuming that the 485 is not approved before March 2010 and by the looks of current wait times, it very likely won't be. If the I-485 isn't approved by March 2010, my fiance can continue working with the activation of his EAD.

So, in sum, you can continue working on a J1 visa even after filing a I-485 until your J1 status expires. Then, you want to activate your EAD and continue working under that until the I-485 is approved.

I hope this made sense!