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Family based AOS and EAD ?

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  • Family based AOS and EAD ?

    I entered the US in J1 status and was a student, after I received my degree, I am working
    (with school authorization) in academic training.
    I am not subject to the two year home stay requirement and my I-94 says D/S.

    I recently got married to a US citizen and we are preparing to file for AOS/EAD/AP.
    I know that filing an I-130/I-485 on my behalf contradicts the non-immigrant intent of the J1.

    Now my questions:
    1) Will my J1 status end at the moment of approval of the I-130?
    2) Am I correct in the notion that the school work authorization is tied to the J1 status?
    Consequently, I would not be able to work until the INS approves my EAD
    (which may take several months)?
    3)In "adjustee status" (after I-130 is approved and I-485 is pending), what would happen
    if I would continue to work until the EAD arrives?

  • #2
    I entered the US in J1 status and was a student, after I received my degree, I am working
    (with school authorization) in academic training.
    I am not subject to the two year home stay requirement and my I-94 says D/S.

    I recently got married to a US citizen and we are preparing to file for AOS/EAD/AP.
    I know that filing an I-130/I-485 on my behalf contradicts the non-immigrant intent of the J1.

    Now my questions:
    1) Will my J1 status end at the moment of approval of the I-130?
    2) Am I correct in the notion that the school work authorization is tied to the J1 status?
    Consequently, I would not be able to work until the INS approves my EAD
    (which may take several months)?
    3)In "adjustee status" (after I-130 is approved and I-485 is pending), what would happen
    if I would continue to work until the EAD arrives?

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