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J-1 visa filing for the I-485?

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  • J-1 visa filing for the I-485?

    Hi Guys,

    Can a J1 visa holder files for the adjustment of status here in USA?

    Thanks
    Desi27

  • #2
    Hi Guys,

    Can a J1 visa holder files for the adjustment of status here in USA?

    Thanks
    Desi27

    Comment


    • #3
      Yes.

      Comment


      • #4
        But you have to follow for two years restriction fulfill or take a waiver at the later stage based on extreme hardship. Noc doesn't work as base of the waiver.

        Comment


        • #5
          Yes you can adjust, depending on your J1 visa stipulation whether it has the 2yr home residency requirement. If it does have that requirement, you can either fulfill the residency requirement or apply to have the residency waived.
          There have been J1 inquiries here on the board and the most important thing to keep in mind is to get whatever J1 requirements resolved first before you apply for adjustment.

          Comment


          • #6
            Guys Be careful....
            IF the AOS is pending and One has to leave Then AOS is called Abandoned. Check it out with your lawyers..
            One should not leave for Two years While AOS is pending.. After the approval is OK.

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            • #7
              yes mohan is right that leaving to fulfill 2 yr residency requirement during AOS filing means abandonment of application, thus voiding it... I state under the pretense, and so should desi, to look at options before even thinking about leaving the country.

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              • #8
                But what if somebody is in the third year of residency on a J1 visa and get the green card from the AOS? Do I still need to perform the two year of waiver?

                Thanks
                Desi27

                Comment


                • #9
                  As far as I know, you can not obtain a green card or apply for H1b or L visa unless you obtain a J1 waiver or stay at you home country for the required 2 years. Even if you marry a US citizen, you still have to comply with this rule.

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                  • #10
                    what if somebody is a Canadian Immigrant or a Canadian Citizen? Do I still need to obtain a J1 visa to do my residency here in USA?

                    Thanks
                    Desi27

                    Comment



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