J-1 Waiver

[Niia 22]

Does anyone know if I can get an EAD card through Adjustment of Status process with I-485 if my J-1 waiver is pending? Or will it be denied/not issued till later? 

[Hypnos 6,576]

Your I-485 (and any dependent applications, such as an I-131 and I-765) must be approvable on the day you file them (meaning that if USCIS were able to adjudicate the petition on the day you file it, it could be approved). 

 

Since you're waiting on a J-1 waiver of the HRR, this isn't possible. 

 

So no, you cannot file any applications until you have received a positive decision on your waiver. 

[J1Challenger 0]

On 5/24/2017 at 3:09 PM, Hypnos said:

Your I-485 (and any dependent applications, such as an I-131 and I-765) must be approvable on the day you file them (meaning that if USCIS were able to adjudicate the petition on the day you file it, it could be approved). 

 

Since you're waiting on a J-1 waiver of the HRR, this isn't possible. 

 

So no, you cannot file any applications until you have received a positive decision on your waiver. 

Hello,

I'm in a somewhat similar situation, except that I have received the favorable recommendation from DOS, but I don't want to wait until USCIS approves, is it possible to submit my 485 using only the DOS recommendation letter?

Could they reject my application or they might ask for RFE?

 

Thanks

[Hypnos 6,576]

I don't believe you're eligible to file until USCIS have made a positive decision on your waiver; if you file before then then your I-485 would likely be rejected by USCIS and returned to you. 

 

(Edit) 

 

From the I-485 instructions, page 2, "Who is not eligible to adjust status?" 

 

"You are or were a J-1 or J-2 exchange visitor and are subject to the 2-year foreign residence requirement and you have not complied with or been granted a waiver of the requirement". 

Edited May 28, 2017 by Hypnos