AOS married to USC

[marty88]

My situation: AOS pending, EAD and AP received. I initially came to the US on J1 (over 3 years ago), met my significant other during that time, and we got married last year. Before covid everything was going pretty smooth and the interview was scheduled in 4 months... Unfortunately the day before, due to coronavirus, it got cancelled, since then it is ready to be scheduled for interview again but no updates so far... and I'm aware that it make take time given the circumstances.

As far as I understand, as long as my application is pending, and hoping that EVENTUALLY gets approved, is it OK to terminate my J1 so that I can use my EAD to get a better job, and would that still be lawful presence in the US?

I initially talked with immigration lawyer and they said it is good practice to have a back up of active DS2019/J1 status, just in case something goes wrong with GC application... but since everything now takes so long due to covid, I really want to move on with my life and don't want to keep working as J1 postdoc just to keep the active J1 status... On top of that being stuck with my current position means not being able to live with my husband permanently because he got a job in different location now.

Any thoughts based on your experiences? Thanks!

[G007]

I will move with your husband, and use your new EAD card.

Your marriage seems in good faith, so you will assume they will eventually approve it.

I do not know how to terminate your J1

But I will be using your I765 from AOS to work

[newacct]

You verified that your J1 doesn't have a 2-year home residence requirement (or you got it waived), right?

[marty88]

Yes, the 2-year rule doesn't apply in my case!

[marty88]

And by the termination of my J1 I meant quitting my current position at the university, associated with the visa. But I plan to then be hired by other company based on my work authorization card, at the same location as my husband!