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.
Chances of converting into either H1 or Green card while on J1
Published Nov 13,2012
By GCforPhD
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.
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.
This website uses cookies so that we can provide you with the best user experience possible. Cookie information is stored in your browser and performs functions such as recognising you when you return to our website and helping our team to understand which sections of the website you find most interesting and useful.
Strictly Necessary Cookies
Strictly Necessary Cookie should be enabled at all times so that we can save your preferences for cookie settings.
If you disable this cookie, we will not be able to save your preferences. This means that every time you visit this website you will need to enable or disable cookies again.
