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On J1, expires September 2013. No 2 yr rule. Married to US citizen. Do I need to apply for AOS? Or is my J1 good until GC status

Woodbridge, VA |

I am on a J-1 Trainee visa for 18 months started in Jan 2012 expires Sept 2013. I am married to my wife (U.S. Citizen) as of Jan 2013. I am was wondering in my I-130 and I-485 package do I need to apply for the I-765 form for work authorization. Although I have a J1 work visa for a good amount of time I was wondering do I need to fill out the form anyway as in the description it states: " Other aliens who are authorized to work in the United States without restrictions should also used this form to apply for a document evidencing such authorization."

OR can i just continue on my J1 and get GC status providing it is granted before Sept.

Sorry in the question I wrote do i need to apply for AOS I meant to say do i need to apply for EA? Employment Authorization? Thank you!

Attorney Answers 3


  1. Best answer

    You should apply for the EAD even though you could still work on the J-1 training position through the expiration of J-1 status, as indicated on the DS-2019. There is no extra fee for the EAD application. Having the EAD could be helpful if you were fired from your J-1 position and wanted to work elsewhere.

    Brian Schmitt
    Hake & Schmitt
    Attorneys at Law
    P.O. Box 540 (419 Main St.), New Windsor, Maryland 21776
    Phone: 410-635-3337
    http://www.hake.com/pc/

    Required Disclaimer: This information is generalized and should not be relied upon as legal advice; and this communication does not create an attorney-client relationship.


  2. You are not required to file the I-765. You can use your present J-1 to contnue with the training program. I suggest you also work with immigration counsel to make sure everything is addressed appropriately.

    Madrid Crost Law Group - (888) 466-4478; e-mail: mc@madridcrost.com; skype: usvisalaw 10 S. La Salle Street, Suite 3320, Chicago, IL 60603 Please consult with a licensed immigration professional to provide you with a thorough legal advice. This response is not a substitute for specific legal advice and it should not be construed to create an attorney-client relationship. Please help stop notario fraud. Please visit and share this site: www.stopnotariofraud.org.


  3. Without applying for adjustment of status, you will not get the green card.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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