jxv73

Well, the J-1 definition also contains the "having a residence in a foreign country which he has no intention of abandoning" requirement and in the current unforgiving climate, I would not venture to jump from J-1 to EB-2-NIW, I would probably ask for an O-1 in between

B488

Well, huge numbers of academics make this adjustment, as can be readily seen on e.g. trackitt. I know dozens myself. My understanding: if you entered the US in J-1/F-1 and the very next day submitted I-485, that would be a problem, as you clearly had immigrant intent while implying otherwise to a CBP officer. But gaining immigrant intent over the course of an extended stay in the US is allowed. In practice there is a '90 day' rule Tillerson dictated last year. This replaced a '30/60' rule, so in that sense, the nuts have been tightened.

jxv73

To be clear, I'm not saying it can't be done .I'm raising a question that an adjudicator could also raise, especially now that interviews are needed for EB AOS: whether a F-1 or J-1 continues to maintain non immigrant status , and therefore work authorization, while awaiting for an AOS adjudication, a question that Mr Tillerson's guidance (and Matter of Cavazos) does not answer.

fbf2006

All the F-1 and J-1 people I know who adjusted status have indeed continued to maintain their non immigrant status. I didn't know it could be an issue. Unless something has changed that I'm unaware of.

Noorah101

How can someone who adjusted status maintain a non- immigrant status? Once you adjust stays, you become a US PR and are no longer in non-immigrant status. You can't be both a PR and non-immigrant at the same time.

Rene

fbf2006

During the process of adjusting status. I'd hope I'm not stupid enough to think you can be both.

jxv73

Go back to the INA. Read section 101(a)(15)(J)

Now look at Footnote 27 in this document https://www.uscis.gov/sites/default/...ntsMEMO_v2.pdf

USCIS adjudicators now have broad discretion, and one of them may well consider working under OPT after submitting an AOS application as a showing that you do intend to abandon your foreign residence