Can I continue my J1 internship between AOS filing and EAD approval?

[hudons 0]

Hi Everyone!

I was wondering whether I will be legally allowed to continue receiving my living allowance for my internship while I await my EAD. I will file y AOS package on Monday -what a relief! - and my boss and payroll copany are asking me the same question. I literally have no idea and I feel like I should know.

I have looked on other sites and they mostly say to carry on working and receiving money as there is no official rule.

I know that my filing for AOS negates my J1 status but my internship isn't up until December 4th and there doesn't seem to be a lot of information in this area.

Any help is greatly appreciated!

p.s - Thanks for all your help so far, I'm pretty sure I would've had to hire a lawyer if it weren't for this forum. THANK YOU!

[Betti 1]

I was here on a J-1 visa as well and am now in the middle of my AOS.

I sent off my paperwork for AOS on 08/12 this year and kept working on my J-1 until 09/19, the date it expired. I was told that as long as your employer is okay with that, you are good to go. It is a grey zone, that's not really 100% defined anywhere. I just received my EAD a few days ago, so between 09/19 (end of J-1 visa) and then I was not allowed to work.

I hope this helps. Good luck!

[juliava 80]

You may continue your training/work until your J-1 expires.

Receiving an EAD card will be a great tool to use AFTER your J-1 expires (hopefully it will arrive before then). I would say stay where you are and don't worry too much. Just make sure you are authorized to work all this time. With an EAD card you can work almost anywhere you want. Good luck!

[hudons 0]

Thank you very much to both of you.

It's good to know that others are/have been in the same situation!

I will continue my internship as my employer is - luckily- very understanding. Fingers crossed my EAD arrives by December....

Thanks again, best of luck to you on your AOS journey.