Applying for Green card through EB1A category while on J visa
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.
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).
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.
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 helpsSincerely
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