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.
J1 waiver for a tenure track job
Published Mar 14,2018
By hmt
I am currently finishing up a prestigious postdoctoral fellowship in the Humanities before moving to a tenure-track position. I am on j-1 academic training; and my concerns are about what happens when I finished my third year of academic training, which is the maximum I can do before either completing my 2 year home residency [in Turkey] or changing my status with a waiver. Here is my info:
-I came to the US to pursue my Masters through with a Fulbright Grant (US governmental funding)—from August 2008 to April 2010.
-I went back to my home country in April 2010; and came back to the US in August 2010 to pursue my PhD on a different J1 program [sponsored by the university/no governmental funding but has home residency due to the skills list] [phd program: 2010-2016]
-During my PhD program, I spent almost all summer months in my home country.
– I started my academic training on J1 as a postdoctoral fellow right after I finished my Phd in June 2016. And this is a three year period I can spend in the US before going back home to complete 2 year home residency stemming from the two J1 visas I have had.
-I will spend the final year of my academic training [June 2018-June 2019] as a tenure track professor at a major, public Research University.
Considering this case, which I am aware that the 2 year home residency waiver will be easier for the J1 during my PhD studies, but not for the one during my Fulbright masters program, I wonder what path would you recommend me to pursue in order to continue my tenure track job in the US?
-Would an EB1 or EB2, or EB2-NIW [I am eligible for all] help me continue my work or get rid of the home residency? Or an O1 visa is the only solution?
-would my trips back home during my PhD studies be counted down for home residency requirement that comes from Fulbright funding in 2008-10 [especially if I can get J1 waiver for the j1 of my phd program]?
-what strategies should I follow to apply two waivers? when to apply which?
Thanks for any advice.
Posted in J1
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Tigran Kalaydzhyan
6 years ago
Hi hmt,
This seems to be a complicated case, especially in view of Fulbright Grant. Applying for EB1/EB2 would not help, because you won’t be able to adjust status with J1 2-year requirement. I would recommend you to talk to the international office of the university that will hire you as a tenure track professor, because they usually provide a lawyer who deals with such cases. You can also talk to other lawyers for the information purposes, the first consultation is usually free.
SgidG
2 years ago
Hi, I am a Fulbright alumnus and in a similar position as yours. I am wondering if you could tell me what are the available options and what route did you chose? Thanks ~
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.
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Hi hmt,
This seems to be a complicated case, especially in view of Fulbright Grant. Applying for EB1/EB2 would not help, because you won’t be able to adjust status with J1 2-year requirement. I would recommend you to talk to the international office of the university that will hire you as a tenure track professor, because they usually provide a lawyer who deals with such cases. You can also talk to other lawyers for the information purposes, the first consultation is usually free.
Hi, I am a Fulbright alumnus and in a similar position as yours. I am wondering if you could tell me what are the available options and what route did you chose? Thanks ~