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indygirl

keep "working" on J1 during AOS

By indygirl in Adjustment of Status from Work, Student, & Tourist Visas

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indygirl Newbie

indygirl   0

Posted
Filed: Timeline
Posted (edited)

Hello, I'm new here and I hope you can help me with my question

I am a research scholar on a J1 Visa.

My Fiance is a US citizen and we want to get married.

My J1 visa is valid for about another 2 years. I want to keep "working" with my J1 visa after the wedding.

I heard that the J1 is invalid in the moment I fill for AOS. If that is true I wouldn't be allowed to work till I get my work permit from the green card, right? And I am not subject to the 2 year home requirement.

I talked to my university's international center and they said they wouldn't change my J1 status - so from their side everything would be fine.

Can someone help me with this?

thank you!

Edited by indygirl
luckykat Contributor

luckykat   1

Posted
Filed: AOS (pnd) Timeline
Posted

I talked to my university's international center and they said they wouldn't change my J1 status - so from their side everything would be fine.

I'm an F-1 student, and my international student office said the same, that they wouldn't change my status until I had the green card. Actually, some of them had differing opinions. One said they would still consider me until I give them a copy of my permanent resident document, another said I could stop being an international student when I want to (just give them NOA1 copy), and another said it's a gray zone and it all depends on me.

So for me, I took advantage of my F-1 student status and filed for CPT while I was waiting for my EAD.

08/08 - Arrived on F-1 visa

12/09 - Married

02/04/10 - AOS package sent to Chicago Lockbox by USPS Certified Mail

02/07/10 - Package received

02/12/10 - NOA Notice Date

02/22/10 - Biometrics letter received, appointment date 03/09/10 (Notice date 02/17/10)

02/23/10 - Biometrics done

03/08/10 - Second biometric letter received (retaking fingerprints), appointment date 03/22/10 (Notice date 03/03/10)

03/22/10 - Fingerprints retaken

04/12/10 - Interview letter received, appointment date 05/13/10 (Notice date 04/08/10)

04/23/10 - EAD card production ordered #1 (notified by text)

04/28/10 - EAD card production ordered #2 (notified by text)

04/30/10 - EAD approval notice (notified by text)

05/01/10 - EAD and AP received

05/13/10 - Interview appointment (approved)

05/14/10 - Approval (notified by text)

05/something/10 - "Welcome to the US" letter and I-130 petition approval letter received in the mail

indygirl Newbie

indygirl   0

Posted
Filed: Timeline
  • Author
Posted

what is a CPT please?

SO you also keep your work till you get the EAD?

It's kind of strange that there is no rule and everyone says something different, isn't it?

Did someone keep working? What are your experiences?

luckykat Contributor

luckykat   1

Posted
Filed: AOS (pnd) Timeline
Posted

CPT is Curricular Practical Training, which allows students to work off-campus while they are students. (Try googling "CPT international student" and you'll see lots of university websites explaining what it is.) I think it's just for F-1, but I think J-1 has something called "academic training".

08/08 - Arrived on F-1 visa

12/09 - Married

02/04/10 - AOS package sent to Chicago Lockbox by USPS Certified Mail

02/07/10 - Package received

02/12/10 - NOA Notice Date

02/22/10 - Biometrics letter received, appointment date 03/09/10 (Notice date 02/17/10)

02/23/10 - Biometrics done

03/08/10 - Second biometric letter received (retaking fingerprints), appointment date 03/22/10 (Notice date 03/03/10)

03/22/10 - Fingerprints retaken

04/12/10 - Interview letter received, appointment date 05/13/10 (Notice date 04/08/10)

04/23/10 - EAD card production ordered #1 (notified by text)

04/28/10 - EAD card production ordered #2 (notified by text)

04/30/10 - EAD approval notice (notified by text)

05/01/10 - EAD and AP received

05/13/10 - Interview appointment (approved)

05/14/10 - Approval (notified by text)

05/something/10 - "Welcome to the US" letter and I-130 petition approval letter received in the mail

SweetApple08 Collaborator

SweetApple08   2

Posted
Filed: AOS (apr) Country: Albania
 Timeline
Posted

Hello, I'm new here and I hope you can help me with my question

I am a research scholar on a J1 Visa.

My Fiance is a US citizen and we want to get married.

My J1 visa is valid for about another 2 years. I want to keep "working" with my J1 visa after the wedding.

I heard that the J1 is invalid in the moment I fill for AOS. If that is true I wouldn't be allowed to work till I get my work permit from the green card, right? And I am not subject to the 2 year home requirement.

I talked to my university's international center and they said they wouldn't change my J1 status - so from their side everything would be fine.

Can someone help me with this?

thank you!

Look at this document http://www.nafsa.org/uploadedFiles/NAFSA_Home/Resource_Library_Assets/ISTA/practice_advisory_on.pdf?n=3549

"Adjustment of Status: When a nonimmigrant student files an Adjustment of

Status (Form I-485) but maintains F/M status, the student's SEVIS record should

remain active until the adjustment is approved. The DSO should then manually

terminate the record for Change of status approved. Note the circumstances in

the remarks and provide the student's A-Number or Receipt Number." (Source:

"F and M Student Record Termination Reasons In SEVIS" Handout from SEVP,

NAFSA National Conference, 2006.)

I-130 Sent : 08/15/2006 F2A (spouse of LPR)

I-130 Approved : 03/29/2010

AOS data section: Filed I-485 & I-765 (more details see About Me section)

04/30/2010 - Mailed out

06/02/2010 - RFE

08/11/2010 - Interview Date - APPROVED

08/23/2010 - Green Card at Home :)

Hubby's USC

Service Center : Dallas TX ; CIS Office : New York City NY

05/29/2010 - Date Filed

06/08/2010 - Email & phone mess with case number.

06/07/2010 - Checks cashed

06/11/2010 - NOA Date

06/21/2010 - Biometrics letter

07/07/2010 - Biometrics appointment

11/11/2010 - Interview Date

Waiting for interview letter

luckykat Contributor

luckykat   1

Posted
Filed: AOS (pnd) Timeline
Posted

Interesting.. thanks for the link SweetApple!

08/08 - Arrived on F-1 visa

12/09 - Married

02/04/10 - AOS package sent to Chicago Lockbox by USPS Certified Mail

02/07/10 - Package received

02/12/10 - NOA Notice Date

02/22/10 - Biometrics letter received, appointment date 03/09/10 (Notice date 02/17/10)

02/23/10 - Biometrics done

03/08/10 - Second biometric letter received (retaking fingerprints), appointment date 03/22/10 (Notice date 03/03/10)

03/22/10 - Fingerprints retaken

04/12/10 - Interview letter received, appointment date 05/13/10 (Notice date 04/08/10)

04/23/10 - EAD card production ordered #1 (notified by text)

04/28/10 - EAD card production ordered #2 (notified by text)

04/30/10 - EAD approval notice (notified by text)

05/01/10 - EAD and AP received

05/13/10 - Interview appointment (approved)

05/14/10 - Approval (notified by text)

05/something/10 - "Welcome to the US" letter and I-130 petition approval letter received in the mail

indygirl Newbie

indygirl   0

Posted
Filed: Timeline
  • Author
Posted

Look at this document http://www.nafsa.org/uploadedFiles/NAFSA_Home/Resource_Library_Assets/ISTA/practice_advisory_on.pdf?n=3549

"Adjustment of Status: When a nonimmigrant student files an Adjustment of

Status (Form I-485) but maintains F/M status, the student's SEVIS record should

remain active until the adjustment is approved. The DSO should then manually

terminate the record for Change of status approved. Note the circumstances in

the remarks and provide the student's A-Number or Receipt Number." (Source:

"F and M Student Record Termination Reasons In SEVIS" Handout from SEVP,

NAFSA National Conference, 2006.)

thanks for the link!

Do you think this also applies for J1 Status?

SO that would mean I could keep working, I hope that's right.

Did someone ask an attorney or did you just continue to work? Did you get into trouble in any way?

 
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