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AOS pending, J1 expiring, do I have to leave?
Hi all,
I'd just like some advice on my situation. My J1 visa expires in July (I have obtained a waiver of the 2 year requirement already), I have applied for an AOS (US citizen marriage based green card), along with EAD and advanced parole. The USCIS sent receipts saying they received the case in March, and all was good to get my EAD with a month before my J1 expired, meaning I could keep working and be happy. I completed my biometrics last week. However, yesterday we received a request for initial evidence*, meaning our 90 day clock has been reset, and now it looks like the EAD could arrive after my J1 visa expires (during the 30 day grace period after J1 expiration).
My question is, while my AOS is pending, will I have any requirement to leave the US? If, for example, they request additional evidence, delaying my EAD further, after the J1 grace period is over will I be required to leave the US? Also, if the USCIS takes the full 90 days to provide my EAD I'm looking at 2 weeks after my J1 expires before the EAD arrives. I know I cannot work during this period - does this mean I will have to officially terminate my employment, and be rehired 2 weeks later? Or can I just take vacation time and carry on once my EAD arrives? Does anyone know the official rules?
Many thanks for any input!
*As a side note, the initial evidence notice said we did not supply them with details of my husbands earnings, employment and tax documents. However we have proof these were provided to our lawyers. My lawyers have proved themselves to be completely responsible and very competent, as they helped me through a very complicated 2 year waiver application before this AOS. In peoples experience, do the USCIS lose documents? Could the USCIS have misplaced them, or is it more likely the fault of the lawyer? I know both sides will deny responsibility! Thanks again, and good luck with your applications.
I'd just like some advice on my situation. My J1 visa expires in July (I have obtained a waiver of the 2 year requirement already), I have applied for an AOS (US citizen marriage based green card), along with EAD and advanced parole. The USCIS sent receipts saying they received the case in March, and all was good to get my EAD with a month before my J1 expired, meaning I could keep working and be happy. I completed my biometrics last week. However, yesterday we received a request for initial evidence*, meaning our 90 day clock has been reset, and now it looks like the EAD could arrive after my J1 visa expires (during the 30 day grace period after J1 expiration).
My question is, while my AOS is pending, will I have any requirement to leave the US? If, for example, they request additional evidence, delaying my EAD further, after the J1 grace period is over will I be required to leave the US? Also, if the USCIS takes the full 90 days to provide my EAD I'm looking at 2 weeks after my J1 expires before the EAD arrives. I know I cannot work during this period - does this mean I will have to officially terminate my employment, and be rehired 2 weeks later? Or can I just take vacation time and carry on once my EAD arrives? Does anyone know the official rules?
Many thanks for any input!
*As a side note, the initial evidence notice said we did not supply them with details of my husbands earnings, employment and tax documents. However we have proof these were provided to our lawyers. My lawyers have proved themselves to be completely responsible and very competent, as they helped me through a very complicated 2 year waiver application before this AOS. In peoples experience, do the USCIS lose documents? Could the USCIS have misplaced them, or is it more likely the fault of the lawyer? I know both sides will deny responsibility! Thanks again, and good luck with your applications.
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