I filed for change of status from OPT to J1 7 months ago and it is still pending. At the same time I realized Inam eligible to apply for a green card via NIW. If I file for a green card would that interfere with my J1? And will I be risking the denial of both green card and J1?
P.S: I am asking again because previously I did not get an answer.
the two processes are connection in only one way: to be eligible for adjustment of status you must be either in a valid nonimmigrant status when adjustment is filed or out of status for no longer than 180 days.
The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.
"Legal"? Yes. "Acceptable"? Also yes. "Smart"? Not necessarily.
1. " If I file for a green card would that interfere with my J1?" "Interfere" it will not, at least not initially, however, since the J-1 category does NOT allow for "dual intent", will not be able to renew/extend that status nor be eligible for any other visa, with the sole exception of H-1B and L-1 (both "A" and "B").
2. Note that to be able to "adjust status" based an an approved I-140, you will need to be in valid "non-immigrant status" at the time.
Why not filing concurrently for NIW and I-485 AOS if your PD is current?
If my answer is the "BEST ANSWER" and/or "HELPFUL" please mark it accordingly. Fluent in 7 languages. Certified Specialist in U.S. Immigration & Nationality Law, The State Bar of California, Board Of Legal Specialization. 24 years of successful immigration law experience. The answer above is only general in nature and cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
I agree with Mr. Behar: "Legal"? Yes. "Acceptable"? Also yes. "Smart"? Not necessarily.
It is never a good idea to have 'competing' applications pending at the same time. Especially since the J requires non-immigrant intent ... a hard thing to do with NIW papers pending.
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