J-1, AOS and travel abroad

[shewshain 0]

Hello,

I am currently under a J-1 trainee visa that expires in June 2014 but in the process of being extended for 6 more months (until December 2014). With this visa I am able to travel abroad professionally and personally.

I got married recently, and my wife is a US citizen. We are preparing the documents (I-130, I-131, I-485, I-683, I-765, I-864) to adjust my status, for me to be able to work here etc. For my J-1 visa, I am not concerned by a waiver.

In order to be able to travel abroad after June, I will have to go to the US embassy in France for the issuance of a new J-1 visa.

I am wondering what is changing after I am sending the AOS application.

• Will I be able to extend my J-1 Visa? Is this application can interfere with the J-1 extension?
• When will operate the change of status? Am I still considered as a J-1 until the process is completed?
• Will I be able to travel abroad like I was before? Do I need a Advance parole document during my J-1 period?

[Harpa Timsah 13,258]

Once you file the AOS package, you will be unable to travel freely until you get an Advance Parole document. Then you would no longer need a J-1 to travel; you would use the Advance Parole travel document. Leaving the country would deem the I-485 officially abandoned.

I am not sure about the visa extension.

[shewshain 0]

Thanks for your answer. So If I understand well, as soon as the USCIS receive my application, My status is switched from "J-1" to "pending status" and after "permanent resident" if everything goes well. Is that right? If it is the case, I understand that I will need an APD for travelling abroad.

My internship was initially 12 months, but I would like to extend it to 18 months. what is the document that allows me to work as a trainee in the US? Is it the DS-2019?

So in that case, I should wait for the new DS-2019 document to be issued for sending my AOS application?

In my current situation, I am not subjected to taxes. I heard that if I am continuing my internship after sending the AOS application, I will be subjected to taxes when I won't be a J-1 anymore. Does anyone knows when it is happening? During the pending status? After I get the permanenet resident status?

I feel like, the more I dig, the more unknowns there are.

[Harpa Timsah 13,258]

If you want to keep your internship then I would extend the J-1 if possible.

The best way I can think of it is that once you file AOS, your visa is revoked but your status in the US remains.

So you can continue your job, doing what you do as long as the visa is valid, but you cannot travel freely any more.

Taxes are somewhat unrelated to immigration status. Some status are tax protected but it is not totally up to the status. You would have to claim being a dual status alien for next year's taxes, and go through various scenarios to find the tax solution for you. Many people just decide to claim tax residency the entire year when they immigrate, but it is not required. I think it would start from the day of your Greencard approval but you'd have to check the tax laws. It is not an automatic thing.