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My
Current J1 Status Will Expire Soon, Can I Work while My Form I-485 Is
Pending? |
| Hi
William, My current J1 status will expire soon. I have submitted Form I-485 application based on my EB-1A petition approval. Can I work while my Form I-485 is pending? Answer, If you filed Form I-485 based on the approved Form I-140 immigrant petition prior to expiration of your I-94, you will remain in the authorized period of stay until your Form I-485 is adjudicated. It is not a status, but you are authorized to stay in the U.S. to await a decision on your case, and you are also authorized to apply for work authorization (EAD) and travel document (Advance Parole) while your Form I-485 application is pending. You can also apply for EAD and Advance Parole together with your Form I-485 application. If your I-485 was filed prior to the expiration of your nonimmigrant status (I-94), then you remain lawfully present in U.S. and you will continue to be eligible for adjustment of status, as long as you do not work without authorization or violate other laws. You will not be overstaying, nor will you accrue any unlawful presence. |
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