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leaving J1 scholar position while I-485 pending

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  • leaving J1 scholar position while I-485 pending

    We have applied for adjustment of status to permanent residents with my wife as a dependent, after my I-140 was approved in EB1A. I'm currently on H1B and my wife is on J1. The I-485 is pending and we have received our EADs. Can she leave her J1 position in order to move with me to another state where I will be starting a new job? What will be her status and will the fact that she will be temporarily unemployed until she finds another job negatively impact our I-485? Is anyone in a similar situation? I would appreciate any help with understanding this issue.

  • #2
    She won't get adjustment of status if she's been out of status for more than 180 days. It's a bad risk for her to quit her J-1 position without any certainty as to her adjustment timeline. She should file for change of status ASAP to H-4. In fact, she should have done so as soon as she was more confident about her marriage than she was about her scholar position

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    • #3
      Originally posted by cepel View Post
      We have applied for adjustment of status to permanent residents with my wife as a dependent, after my I-140 was approved in EB1A. I'm currently on H1B and my wife is on J1. The I-485 is pending and we have received our EADs. Can she leave her J1 position in order to move with me to another state where I will be starting a new job? What will be her status and will the fact that she will be temporarily unemployed until she finds another job negatively impact our I-485? Is anyone in a similar situation? I would appreciate any help with understanding this issue.
      It doesn't matter whether she's in status or not while I-485 is pending. Yes, she can leave her position, and it won't affect either of you's I-485, even if she does not change into another status.

      This is my personal opinion and is not to be construed as legal advice.

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