Home William's Answers for Immigration and Visa Questions  |  
My J-1 Status Expiration While Waiting for Form I-485 Green Card Application

Hi William,

My Form I-485 application for Green Card cannot be filed after my Form I-140 approval, beauase
an immigrant visa number is not available for aliens from my home country, But my J-1 status expiration date is only 2 months away. What should I do?


If your J-1 status expires before an immigrant visa number becomes available, you will need to get a J-1 extension or apply to change your status to another nonimmigrant visa, in order to continue staying in the U.S. while the Green Card application is pending.

But getting a J-1 visa extension or changing to another status is not always feasible. If you fail to do either, you will risk being flagged as being “out of status” if you continue living in the United States after the J-1 visa has expired.

To avoid this, the only option would be to leave the U.S., return to your home country and continue the process through consular processing whenever a visa number is available for you. You will need to file a Form DS-260 application at the embassy or consulate in your country of residence to request an immigrant visa abroad.

Questions & Answers for Green Card Application
EB1 Extraordinary Ability (EB-1A)
EB1 Outstanding Professor / Researcher (EB-1B)
EB1 Multinational Executive or Manager (EB-1C)
EB2 National Interest Waiver (NIW)
Form I-485 Adjustment of Status
PERM Labor Certification
Form I-140 Application after Labor Certification
Request For Evidence (RFE) for EB1, NIW, L1 Visa
Questions & Answers for Working Visa Application
J-1 Waiver of 2-Year Home Residence
H-1B Visa Application or Extension
O-1 Visa Application or Extension
L-1 Visa Application or Extension
P-1, P-2, P-3 Visa Application or Extension
William's Answers for Immigration Questions
Home Page

For All Your Immigration and Green Card Application Needs
EB-1A sample of reference letter graphic © Green Card Application Service, www.greencardapply.com