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.
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leaving J1 scholar position while I-485 pending
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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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Originally posted by cepel View PostWe 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.
This is my personal opinion and is not to be construed as legal advice.
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