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Disclaimer: The contents in this web site are only for your information and are not intended to be legal advice. While many of our applicants successfully obtain their I-140 approvals, the information here should not be considered as a guarantee of your green card application outcome.

Applying for Green card through EB1A category while on J visa

Question:

I have been following your website for a while and it is really very useful and resourceful. I do plan on purchasing your packages for EB1 and NIW categories, but before that I have a question and I appreciate if I can get an answer.

I did PhD in optical science and engineering and currently working as a postdoc in a national lab on J1 status with no 2 year residency requirement.

Answer:

By The Way our example packets are in the similar field (optical sciences). The applicant of these packets was also in a national lab during the time of application (however on a h1b status).

Question:

Now, if I try applying Green card through EB1 category and submit an I-140 (only I-140 and not I-485) application and if in case it gets rejected – would it be a problem with J status extension later on and would it be a problem in any of the immigration checks during an international travel? (I understand that it could be a problem if I do put in the I-485 application- let me know if I am wrong).

Thanks for any answers I can get on this.

Answer:

H and L visa are dual intent (meaning the visa applicant can have intent to immigrate). However J1 is not. So there is a risk if you like to extend the J1 visa in the event of I-140 (which implies immigration intent) denial. If you changed to H1 you would not have this problem

Hope this helps

Sincerely
Green card for Phd Team
Helping NIW and EB1A applications
with our DIY packages

2 Responses to Applying for Green card through EB1A category while on J visa

  • Judy says:

    I am a postdoc with a J1 visa in the University of Texas at Austin for almost a year now. Can I apply for EB1/EB2-NIW directly after getting a waiver from my home country? How long will it take to know the results from the time my petition, together with all the requirements, is submitted to USCIS? If it happened that the EB1/EB2 petition is not approved, can I apply for H1B? Or saying that I have acquired for a home country residency waiver, can I simultaneously apply for H1B and EB1 categories while I’m in J1 status?

    Hope you can shed some advice. Thanks so much for your kind help.

    • admin says:

      Yes. Please see the uscis requirements in the EB1A/EB2-NIW to make sure you can satisfy the requirements.

      I-140 approvals typically take 4 months. I-485 processing take another 4 months. You can find these processing times at the following website. However applying for i-485 depends on if your priority is current. Priority dates vary by nationality and the applied category. You can find priority dates in the visa bulletin.

      You can find more detailed explanation in the free ebook at
      http://www.greencardforphd.com/downloads/GreencardforPhd_ebook.pdf

      >>>>If it happened that the EB1/EB2 petition is not approved, can I apply for H1B?

      You can apply for a H1B anytime during or after the i-140 application irrespective of its approval status. H1B holder can have an immigration intent so applying for H1B will not conflit your i-140 application

      >>>>Or saying that I have acquired for a home country residency waiver, can I simultaneously apply for H1B and EB1 categories while I’m in J1 status?

      Yes

      The only thing you would be hard to (and not advisable) do is to ask for a J1 extension after i-140 application.
      Hope you can shed some advice. Thanks so much for your kind help.

      Best of luck

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