1. Chinese J holders are no longer subject to a two-year foreign residence requirement
A reader asks:
I am currently in China, and my I-140 application has been approved with IVP selected. So, can I apply for a J-1 visa to go to the United States for a postdoc in advance while waiting for the priority date? When my priority date becomes current, can I then adjust my status to I-485? The maximum validity period of the DS-2019 for J-1 is 5 years. If I apply for a J-1 waiver early, but my priority date has not yet become current when my J-1 expires, will I have to return to my home country to continue waiting?
Alan Lee, Esq. answers,
While you can apply for a J-1 visa, please note that it is discretionary on the part of the American consulate and that your having an approved I-140 petition may cause concern as to whether you have the requisite nonimmigrant intent. If you take this route, please ensure that you put down on the visa application that you have applied for an immigrant visa petition. Not doing so might lead to a finding of misrepresentation on your part. Whether you have to apply for a J waiver depends upon whether you are subject – as of this year, Chinese J holders are no longer subject to a two-year foreign residence requirement by virtue of the skills list. If your priority date has not yet become current by the expiration date of your J-1, you would have to return home or stay in the US under some other type of visa status.
2. Would applying for CPT negatively impact the I-485 approval?
A reader asks:
My F-1 husband filed an I-485 in March. I haven’t received the biometrics appointment yet, let alone the combo card. I have an internship starting in October. Can I apply for CPT for the internship? Would applying for CPT negatively impact the I-485 approval?
Alan Lee Esq. answers:
I do not see that applying for CPT which is basically a work request would negatively impact the I-485 approval so long as the job is integral to the degree and authorized on the new I-20. DSO authorized CPT is governed by SEVIS, not USCIS, and there does not appear to be a bar on CPT related to a pending adjustment case.