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My
J-1 Status Expiration While Waiting for Form I-485 Green Card
Application |
| Hi
William, My Form I-485 application for Green Card cannot be filed after my Form I-140 approval, beauase an immigrant visa number is not available for aliens from my home country, But my J-1 status expiration date is only 2 months away. What should I do? Answer, If your J-1 status expires before an immigrant visa number becomes available, you will need to get a J-1 extension or apply to change your status to another nonimmigrant visa, in order to continue staying in the U.S. while the Green Card application is pending. But getting a J-1 visa extension or changing to another status is not always feasible. If you fail to do either, you will risk being flagged as being “out of status” if you continue living in the United States after the J-1 visa has expired. To avoid this, the only option would be to leave the U.S., return to your home country and continue the process through consular processing whenever a visa number is available for you. You will need to file a Form DS-260 application at the embassy or consulate in your country of residence to request an immigrant visa abroad. |
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