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Can I stay with pending I-485?

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  • Can I stay with pending I-485?

    Hi all!

    I have submitted I-140 EB2 NIW and I-485. Currently I have J-1 status which expires on December 31, 2008.
    Can I stay in the USA while my I-485 pending after my J-1 status expires?

  • #2
    Which status will I have in this case?

    The problem is my fellowship is ended December 31, 2008 and will not be extended. My professor also does not have funding to support me after December 31.
    I am looking for job now but it could happen that sometime I will be unemployed.
    Will be it a problem as I apply as NIW and did not need to submit labor certification?

    Comment


    • #3
      You proving NIW is something that tells that you are higly in demand and do not need a labor certification. As you have EAD from pending GC, use it to gain employment immediately. You can stay past the J1 expiration on a pending GC. But if it gets denied, you would have to leave immediately.

      I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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