QUESTION

Can I extend My J1 visa while I-485 is pending?

Asked on May 02nd, 2015 on Immigration - Virginia
More details to this question:
I am on J1 visa from Sep 2013. My J visa is valid by August 31, 2015. I filed my NIW and 485 concurrently in August 2014 and my case is still pending. I need a backup visa in case that my I-485 is denied. Can I extend my J1 visa right now? My understanding is that if J1 extension is not beyond the maximum program duration, it is only an "internal" process for the extension of J-1 visa and it can be done easily. Is it correct? Does J1 extension have any negative impact on my I-485 application? My employer does not sponsor H1B visa. What other options do I have?
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
As long as the J-1 sponsoring organization is willing to extend your J-1 stay, such should not have any negative impact on your I-485 filing. If the subject ever comes up, you can always argue that you had every intention of leaving the country in accordance with your J status if your NIW/I-485 application was denied. A possible problem could arise if you are subject to a two-year foreign residence requirement by your J visa and obtained a waiver. Then if you extended your J status, you would likely have put yourself back under the two-year foreign residence requirement. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.   '>  
Answered on May 30th, 2015 at 12:15 PM

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