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Can I Continue My J-1 Internship After I Apply for AOS

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  • 04-03-2009, 05:20 PM
    j1j1j1
    Can I Continue My J-1 Internship After I Apply for AOS
    I will be marrying my US citizen fiance in May but my internship does not end until December.
    Is it possible to finish my internship after I file for AOS?
    I know that I can apply for permission to work but this often takes up to 3 months, during this time may I continue to receive my stipend for living expenses from the company where I intern?
    My employer is very supportive and happy to do this as long as it is legal.
    My other option is to get married and not apply for the AOS until my internship is up, or at least almost over. I'm really worried about how I will cover my living expenses during the time between filing and receiving my work permit.
    I would appreciate any help.....
    Thankyou in advance
  • 04-05-2009, 07:20 PM
    Mr. Knowitall
    Re: Can I Continue My J-1 Internship After I Apply for AOS
    I don't have a great answer for you.

    Assuming you're not subject to the two year foreign residence requirement, you're eligible to adjust your status. Once you do that, you've declared your intention to immigrate - and thus you're technically ineligible for J1 status. Your status becomes "pending adjustment".

    The conventional wisdom is that the USCIS doesn't actively police the continuation of work on a J1, and you can apply for EAD, and under that theory you can work under your J1 until it expires or you get EAD (at which time you can work under your EAD) - but you would not want to travel outside of the U.S. during that period and try to return on your J1.

    The law that supports the conventional wisdom? That's a problem. There doesn't appear to be any. So you're taking a chance. The conservative, safe approach is to stick to the letter of the law.
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