Filing I-485 and immigration intent

[Daeras 1]

I have questions about the transition into being an "adjustee in progress" and so far I have not found satisfactory answers.

My situation, in a nutshell:

• Entered the US on a J1 for grad school
  
• My DS 2019 expires mid-May 2012, I won't graduate before then
  
• Got married at the end of December 2011
  
• Filed AOS package (I-485+I-130+I-131+I-756) on April 3
  

As I understand it, the minute I filed for adjustment of status I signaled migration intent and I am no longer under the J1 status documented in my I94. How accurate is this?

And here's the big question: what happens with the renovation of my DS 2019 (with is the support document for a nonimmigrant visa)?

Is the renovation a must? Something nice to have? Is it forbidden?

Furthermore, should I ask the university's international office to remove my record from their USCIS system? (and, believe it or not, they do not have an answer to this question, they say they would do it for sure whenever I show them a GC) Or should I let it silently expire?

[Little_My 464]

You are no longer under a J-1 status, since your AOS is now pending. You're in a bit of a limbo stage status-wise, but you are authorized to remain in the US until you have a decision on your AOS, and you can continue going to school and studying just as you were before. However, you are no longer bound by the J-1 regulations regarding attendance and full-time course load. If you applied for the EAD and AP, you are also free to work and travel while the AOS is pending (travel is okay if you have no overstay, which it seems you don't).

I am not quite sure what you mean by "Renovation of DS-2019", but if you mean updating or extending your J-1, you do not have to do that, and in fact you cannot do that now that your AOS is pending. You're authorized to be here until you get your GC, or until you have a formal denial of your AOS application.

The school doesn't really need to do anything at this point. Once you have your GC, you should change your status in the school's system form international student to permanent resident. Your J1 status will/has expired automatically and your SEVIS record will be cancelled.

Edited April 18, 2012 by Little_My

[United1878 1]

You are no longer under a J-1 status, since your AOS is now pending. You're in a bit of a limbo stage status-wise, but you are authorized to remain in the US until you have a decision on your AOS, and you can continue going to school and studying just as you were before. However, you are no longer bound by the J-1 regulations regarding attendance and full-time course load. If you applied for the EAD and AP, you are also free to work and travel while the AOS is pending (travel is okay if you have no overstay, which it seems you don't).

I am not quite sure what you mean by "Renovation of DS-2019", but if you mean updating or extending your J-1, you do not have to do that, and in fact you cannot do that now that your AOS is pending. You're authorized to be here until you get your GC, or until you have a formal denial of your AOS application.

The school doesn't really need to do anything at this point. Once you have your GC, you should change your status in the school's system form international student to permanent resident. Your J1 status will/has expired automatically and your SEVIS record will be cancelled.

Beautifully said as always. OP, this is all the response/advise you need.

[grrrrreat 109]

I have questions about the transition into being an "adjustee in progress" and so far I have not found satisfactory answers.

My situation, in a nutshell:

• Entered the US on a J1 for grad school
  
• My DS 2019 expires mid-May 2012, I won't graduate before then
  
• Got married at the end of December 2011
  
• Filed AOS package (I-485+I-130+I-131+I-756) on April 3
  

As I understand it, the minute I filed for adjustment of status I signaled migration intent and I am no longer under the J1 status documented in my I94. How accurate is this?

And here's the big question: what happens with the renovation of my DS 2019 (with is the support document for a nonimmigrant visa)?

Is the renovation a must? Something nice to have? Is it forbidden?

Furthermore, should I ask the university's international office to remove my record from their USCIS system? (and, believe it or not, they do not have an answer to this question, they say they would do it for sure whenever I show them a GC) Or should I let it silently expire?

Side issue: is your J-1 issued subject to the "foreign residency requirement"? If so, you cannot adjust status without living in your home country for two years, unless you petition for a waiver from the requirement.

[Daeras 1]

Side issue: is your J-1 issued subject to the "foreign residency requirement"? If so, you cannot adjust status without living in your home country for two years, unless you petition for a waiver from the requirement.

I'm safe in that respect. Spain is not in the exchange visitor skills list. Actually, no country in Europe is there, except for Romania, Montenegro and Kosovo.

[Little_My 464]

That is not the only basis which determines whether or not you are subject to the 2 year rule.. The funding of your exchange program is also relevant, so for example, all Fulbright students are always subject to the J1 rule because their exchange programme is partly or fully funded with government funds. Here's the list from the State Dept website:

Two-year Home-country Physical Presence Requirement Conditions - An exchange visitor is subject to the two-year home country physical presence requirement if the following conditions exist:

•Government funded exchange program - The program in which the exchange visitor was participating was financed in whole or in part directly or indirectly by the U.S. government or the government of the exchange visitor's nationality or last residence;

•Graduate medical education or training - The exchange visitor entered the U.S. to receive graduate medical education or training;

•Specialized knowledge or skill: Skills List - The exchange visitor is a national or permanent resident of a country which has deemed the field of specialized knowledge or skill necessary to the development of the country, as shown on the Exchange Visitor Skills List. Review the Exchange Visitor Skills List 2009.

http://travel.state.gov/visa/temp/types/types_1267.html

Most students who are subject to the 2 year rule, are subject to it because of the funding issue. You should check your visa and make sure it states that this rule does not apply to you before you move any further with the process.

Edited April 18, 2012 by Little_My

[Daeras 1]

You are no longer under a J-1 status, since your AOS is now pending. You're in a bit of a limbo stage status-wise, but you are authorized to remain in the US until you have a decision on your AOS, and you can continue going to school and studying just as you were before. However, you are no longer bound by the J-1 regulations regarding attendance and full-time course load. If you applied for the EAD and AP, you are also free to work and travel while the AOS is pending (travel is okay if you have no overstay, which it seems you don't).

I am not quite sure what you mean by "Renovation of DS-2019", but if you mean updating or extending your J-1, you do not have to do that, and in fact you cannot do that now that your AOS is pending. You're authorized to be here until you get your GC, or until you have a formal denial of your AOS application.

The school doesn't really need to do anything at this point. Once you have your GC, you should change your status in the school's system form international student to permanent resident. Your J1 status will/has expired automatically and your SEVIS record will be cancelled.

I did mean extending my J-1: getting it signed/stamped my DS-2019 by the university or getting a new one.

I imagine that, when the DS-2019 expires the university will ask me about my status — and hopefully the I-797s will explain the whole story.

Thanks for a fast and well-thought answer. I guess it's now time to enjoy limbo while waiting

[Daeras 1]

That is not the only basis which determines whether or not you are subject to the 2 year rule.. The funding of your exchange program is also relevant, so for example, all Fulbright students are always subject to the J1 rule because their exchange programme is partly or fully funded with government funds. Here's the list from the State Dept website:

Two-year Home-country Physical Presence Requirement Conditions - An exchange visitor is subject to the two-year home country physical presence requirement if the following conditions exist:

•Government funded exchange program - The program in which the exchange visitor was participating was financed in whole or in part directly or indirectly by the U.S. government or the government of the exchange visitor's nationality or last residence;

•Graduate medical education or training - The exchange visitor entered the U.S. to receive graduate medical education or training;

•Specialized knowledge or skill: Skills List - The exchange visitor is a national or permanent resident of a country which has deemed the field of specialized knowledge or skill necessary to the development of the country, as shown on the Exchange Visitor Skills List. Review the Exchange Visitor Skills List 2009.

http://travel.state.gov/visa/temp/types/types_1267.html

Most students who are subject to the 2 year rule, are subject to it because of the funding issue. You should check your visa and make sure it states that this rule does not apply to you before you move any further with the process.

The visa says clearly "bearer is not subject to section 212 (e)". So it should be safe.

Thanks!