Chances of converting into either H1 or Green card while on J1

Question:

I came across your informative web site about green card for PhDs, self-petition. I have two questions, if you don’t mind answering them,

1) I will be entering USA on a J1 visa for 2 years and what are my chances of converting it into either H1 academic or green card status?. Briefly, I have a Ph.D. in optical spectroscopy of semiconducting materials, and 5+ years of postdoc experience in experimental physics. Some key words are – Quantum dots, photovoltaics, laser physics, ultrafast laser spectroscopy, nanomaterials, Nanotechnology, with extremely good publication records in top rated high ranked international journals.

Answer:

1) Obtaining H1 depends on your employer. You need an employment with a University/ private company/non-profit to obtain H1 sponsorship.

With your background and experience you will be able to self-sponsor a Green card petition. You can either apply in EB1A or EB2-NIW categories depending on your petition evidence.

2) Once I enter USA on J1 visa, can I directly convert it to Green card status? Please help me with this.

Answer:

In order to apply for a Green card you need to obtain a J1 wavier from your home country first.

Q1:

I heard that, since I got my Ph.D. from Europe (and left my home country 12 years ago), I don’t need a waiver for home country return. Is that true?

Answer:

We think, you should be able to tell from your J-1 Visa stamp. On the J-1 visa stamp in the J-1 Exchange Visitor’s passport, there would be a phrase: “Bearer (is/is not) subject to section 212 (e). Two-year rule (does/does not) apply”.

Q2:

I haven’t applied for J1 yet. If I have to get this phrase, should I apply for a waiver now itself?

Answer:

No. You apply for waiver once you see what is written on your J1 visa.

Q3:

Many thanks. Some of my Ph.D. friends who went on J-1 got GC within a year or so. However, they had paid lot of lawyer fee, typically 5K USD! Your website suggests  that it is possible to get a GC without lawyers help. In my case, I will be applying for GC once I enter USA. Would you be willing to help me with this?, if yes, what’s your typical fee for a single person?

Answer:

Our website has example petitions (part of self-petition kit) you can purchase. We answer any questions that buyers have via email. We do not offer any other services. Several applicants were successful with this approach.