J-1 visa and EAD compatibility

[hienanh]

Hello,

 

I am working as a postdoc under J-1 visa scholar. With this visa, my school (the sponsor) does not allow me to have any kind of part-time job.

 

Recently, through my husband (sponsored by his company), I have been applying for a green card, and I also filled the form to have the EAD. We received just a couple of days ago the EAD.

 

I was going to the OIS (Office of International Service) of my school to update them about my EAD. They are telling me that, since I apply for the green card, I am showing immigrant intent and my J-1 will be ended immediately at the moment that I send them my I-485 receipt. Here is the copy of what people from the OIS told me: "Since the J-1 visa is a non-immigrant visa and an application for permanent residency indicates that you wish to immigrate to the U.S., you can no longer hold the J-1 non-immigrant status since you have declared your immigrant intent. This has been confirmed with our Associate Director."

 

I obtained information from other source that I can keep both J-1 and EAD without any incompatibility, that I can continue working at school with my J-1 visa, and use the EAD card to work for other jobs if I need to.

 

Can you please help me to clarify this issue: whether I need to be out of J-1 the moment that I show intention to apply for a green card.

 

Thank you very much for your very appreciated inputs.

Hien-Anh

[pontevecchio]

Based on the EAD you can work anywhere and for anyone. As regards the J1, you cannot work at any other place and in any other area of work. It is possible your J1 position will be terminated. Are you absolutely sure you do not have the 2 year HRR requirement? If not you are now free to pursue any job. When did you last arrive in J1 status? What is your PD for the GC?

[hienanh]

Thank you for your answer.

 

I am indeed subjected of 2 year home-country physical presence requirement 212 (e).

 

My J1 originally is valid between 2013-2017. I do not know the previsionary date for the green card. We filed all the forms and obtained I-485 receipt on March 2016.

 

That is why I am afraid that: For some reason if my green card application is denied, and if the J1 is terminated, I will need to go back to my country.

 

Logically I would think that: On waiting for the green card, I still have rights to stay in J-1. When the green card is approved, automatically the J-1 will be terminated.

 

Since the office of international service (OIS) of my school is reputed to be not friendly, I am trying to look for a specific law term saying that: I can not have J-1 and EAD in the same time while waiting for green card approval.

 

Do you know if such kind of claim exists, or it totally depends on some internal rules of each school regarding this issue? 

 

Thank you very much.

Hien-Anh

[hienanh]

Thank you very much for your input.

 

My school is sponsoring my J-1 exchange visitor visa (between 2013-2017) and through my husband, I applied and got the I-485 receipt on March 2016. We obtained the EAD last week (June 18) But I don't really know when is the previsionary date for the green cards. 

 

Can you please help me to clarify whether I have all my rights to preserve my J-1 visa on waiting for green card approval?

 

The reason underlying this post is that my J-1 visa is subjected to 2-year home-country physical presence requirement. My school is literally "pushing" me out of J-1 since I updated them that I am EAD card holder but not yet green card holder.

If the green card application is not approved, then the EAD is gone and I need to come back home if the J-1 is terminated.

 

That's why I would like to hear your much appreciated opinions on 

-whether there is a law saying that J-1 and EAD are not compatible; or 

-a non-immigrant J-1 having intention to apply for permanent residence will be out of J-1 even though the immigrant status is not yet approved?

 

I thank you a lot for your help.

Hien-Anh