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Joshsmad

Quick question about after filing AOS

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Filed: J-1 Visa Country: Japan
Timeline

My wife (just married, totally legit, known each other for 7 years) is on a J1 visa and we are about to file AOS (i-485/i-130 packets). After we do this, does she need to tell the agency who granted her the J1 that she filed for AOS?  Do we need to do anything at all, or just let her status change without telling anyone?  Can she quit her job after we received NOA1? If anyone knows the answer to this or can point me in the direction of the documentation, that would be really great.

 

Thanks so much.

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Her J-1 status does not change by filing for AOS. If she were to take an action that would terminate her J-1 status, the pending AOS provides authorized stay in the US. Once the EAD comes in (if you filed for it), then she can work anywhere.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Filed: J-1 Visa Country: Japan
Timeline
27 minutes ago, geowrian said:

Her J-1 status does not change by filing for AOS. If she were to take an action that would terminate her J-1 status, the pending AOS provides authorized stay in the US. Once the EAD comes in (if you filed for it), then she can work anywhere.

Thanks so much for answering. She is worried about her company giving her trouble if she tries to quit. She worried about her company having a hard time getting J1 visas granted in the future. For example, is it possible for them to take her to court for filing AOS?  Do you know if this is a thing? 

 

Sorry for all the questions, and thanks again. 

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27 minutes ago, Joshsmad said:

Thanks so much for answering. She is worried about her company giving her trouble if she tries to quit. She worried about her company having a hard time getting J1 visas granted in the future. For example, is it possible for them to take her to court for filing AOS?  Do you know if this is a thing? 

 

Sorry for all the questions, and thanks again. 

I can't speak in detail as to what happens with the hosting company, but it generally shouldn't be an issue to get other visa holders in the future. There's no basis to take her to court...what would they sue for? The only thing I can think of is if there was a contract committing to a fixed period of work, she quits her work, and then any penalties would come into play. But that would happened with or without filing for AOS.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Filed: J-1 Visa Country: Japan
Timeline
49 minutes ago, geowrian said:

I can't speak in detail as to what happens with the hosting company, but it generally shouldn't be an issue to get other visa holders in the future. There's no basis to take her to court...what would they sue for? The only thing I can think of is if there was a contract committing to a fixed period of work, she quits her work, and then any penalties would come into play. But that would happened with or without filing for AOS.

Thank you so much! You've helped a lot! :D

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