Legal Question in Immigration Law in Massachusetts
Hello, I am an italian citizen, recently married to a US citizen. I filed all the forms for the green card about 2 months ago. I have already been fingerprinted but I didn't receive yet the advance parole or the Employment Authorization Document and I've not been called for the interview. My J-1 visa (not subject to the 2 years home residency) is about to expire. Do I have to renew it or I have permit to stay because of the application status? In case I am allowed to stay right now independently of the J-1, is there a chance that I may need my J-1 visa again in the future? Thank you.
2 Answers from Attorneys
Since you have applied for adjustment of status, you no longer need or can extend J-1 non-immigrant visa or status.
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Hi,
I am assuming that both the petition for alien relative (Form I-130) along with adjustment of status application (Form I-485), along with other paperwork, were filed. Please verify whether your case was properly filed--you should have received a receipt notice with case number which can be tracked online from the USCIS about 2 or 3 weeks after filing. If you did not receive the receipt notices, you can also check with your bank whether the USCIS filing fee checks were cashed by the USCIS.
Assuming that all paperwork has been properly filed, you can remain legally in the U.S. independent of J1 status. Thus, you are not required to extend your J1 status.
If it is not clear whether the sponsorship paperwork has been properly filed, then it is a good idea to maintain underlying nonimmigrant J1 visa status.
Regards,
Ajay K. Arora, Esq.
www.h1b1.com