Filing I485 for Spouse on J1 with Residency Waiver based on No Objection

[ackerman80]

Hi,

I am on H1B. My wife is on J1 and has obtained Residency Waiver based on No Objection. My employer is about to file I485 AOS of status for both of us. My I140 is approved and PD becomes current in August 2013.

I was wondering if there is any risk to the AOS filing because of J1 status of my wife? Just to reiterate she does have the approved Residency Waiver (I797 from USCIS and Approval from DOS).

 

It would be good to learn about experiences of other folks from similar situation and to discover any potential risk from J1.

 

Thanks

 

[Belle]

What kind of risks are you talking about? Suppose, her application is denied. So, she is in the same place as she would should she not file it. What's the risk again?

[ackerman80]

J1 is a non-immigrant visa. One thing I heard is that J1 status becomes "ineligible" the moment I-485 AOS is filed. I am not too sure what the "ineligible" means? Is it that the person can't travel outside and can't extend the J1? Or is there impact on the green card and AOS itself? 

 

(My wife has already been on J1 for 1.5yrs if there is some time aspect to it)

[Belle]

"Ineligible" is a word that does not make sense in this situation. Ineligible for what?

 

While the AOS is pending, your spouse would not be able to extend J visa or enter on it. That's true. The status, however, does not change and remains valid. So, if the AOS is filed and then denied, and she never had to enter on AP or extend J1, then she is still J status.