Dr. William:

Please help me. I have a Ph.D. and my application for NIW was approved May 2002.  I had also got J-1 waiver from my country government, and a J-1 waiver recommendation letter from U.S. Department of State in January, 2002. But I did not get yet the final waiver letter from USCIS nor I got the receipt yet. 

My question for you is: can I file I-485 without USCIS final J-1 waiver letter?. My lawyer has filed I-612 for waiver separately and I have the receipt number from USCIS. My J-1 visa will expire soon, I really appreciate your advise. Thank you very much.

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Answer:

Normally and for safe reason, you should first get final J-1 waiver notice from USCIS, then file the I-485 Form, to avoid possible I-485 rejection.

You may also file I-485 now and get work permit due to the J-1 expire soon, but this is not really a safe way to do the petition, and it is not recommended. At the same time, you may ask USCIS for the progress for you J-1 waiver.