Overstaying J1 visa while waiting for AoS

[AWorldCitizen 0]

I have applied for AoS (concurrently with I-130, american spouse), as well as EAD and AP. Next week I have the biometric appointment next week. I think EAD and AP should be with me in the next 2 months.

 

Meantime, I am a J1 (no 2 year rule) working in academia, but I am considering leaving my current job.

 

If I did so, I would have to leave the country within 30 days, and I might risk overstaying the visa until I receive the AP or EAD, and certainly before I receive full green card.

 

Is this going to affect my green card application?

[Coco8 1,054]

Why would you have to leave the country if you resign your job?

 

Leaving your job means you will have to wait until your AOS is approved in the US.  You will be able to work again once you get your EAD. You cannot leave the country or your AOS will be abandoned and doing an IR1/CR1 takes 12-14 months (plus all the fees!).

 

You don't have to keep your J1 status since you've already filed AOS. You can terminate your J1 and stay at home waiting for the EAD, AP, rest of the process.

 

[p-ana 933]

Just wanted to point out that the waiting for the ead and ap is more like 3 to 4 months than 2 like the op stated. Best not to keep your hopes up

[Coco8 1,054]

3 minutes ago, p-ana said:

Just wanted to point out that the waiting for the ead and ap is more like 3 to 4 months than 2 like the op stated. Best not to keep your hopes up

True. People have been waiting longer. 

 

Also, OP, overstaying does not matter now that you have filed for AOS. That is the point I was trying to make above.

[AWorldCitizen 0]

6 minutes ago, p-ana said:

Just wanted to point out that the waiting for the ead and ap is more like 3 to 4 months than 2 like the op stated. Best not to keep your hopes up

Thanks. I started the process June 26th (received a case number on July 4th [weird I know]), so it will be ~3 months in two months time, if that makes sense.. 

Edited July 26, 2017 by AWorldCitizen

[AWorldCitizen 0]

15 minutes ago, Coco8 said:

Why would you have to leave the country if you resign your job?

 

Leaving your job means you will have to wait until your AOS is approved in the US.  You will be able to work again once you get your EAD. You cannot leave the country or your AOS will be abandoned and doing an IR1/CR1 takes 12-14 months (plus all the fees!).

 

You don't have to keep your J1 status since you've already filed AOS. You can terminate your J1 and stay at home waiting for the EAD, AP, rest of the process.

 

I see, thanks. 

Without AOS pending, I know that by quitting my current job I would need to leave the country within 30 days.

 

But you're saying that, as long as an AOS is pending, I can remain in the country even without any visa? 

[Coco8 1,054]

4 minutes ago, AWorldCitizen said:

But you're saying that, as long as an AOS is pending, I can remain in the country even without any visa? 

Correct. Now you are fine because your AOS is pending. 

 

The problem could be that you won't be able to work for a while or get a new US ID if you need to renew (like drivers license).

 

People have been waiting for their EADs for 120 days rather than 90. As long as you don't mind that, you can go ahead an terminate your J1. 

 

Don't leave the US until you get AP.

 

 

 

 

Edited July 26, 2017 by Coco8