Tag Archives: J1

Can my wife (J2 holder) get Green card if I get a Green card while on J1?

Question:

I am a postdoc in US with J1 visa without 2 years residency requirement. My wife is in J2 and also without residency requirement. My question is if I am able to get my Green card through EB1A, can she also get a green card as well?

Additionally, when I am applying for EB1A, will I be in J1 status and my wife is in J2?

Answer:

The usual procedure is that the primary applicant (you) applies for I-140 and the derivative (your wife and children) and primary apply for I-485. Both of you would get green cards after I-485 is approved. At first, when you apply for I-140 alone, both your status remains unchanged. When you apply for I-485 the status is “pending adjustment of status”. This status is convenient and both of you can get EADs for work and AP for travel abroad. You can apply for I-485 at the same time as I-140 (depending on priority dates) or after I-140 approval.

You can find answers to common questions in a free PDF book on our website at greencardforphd.com

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