Applied for EB1A. Should I apply for J1 or H1B?

Question:

A quick question regarding my present situation. I did apply for EB1A (green card) about 3.5 months ago which is currently under review. Now I’ve been working as a Post Doc and my extended OPT is ending on 14th January. So, I wanted to apply for J1 in the mean time but our university international center is advising us that if I submit it now, then J1 would be denied because that’s a non-immigration visa. But my understanding is that J1 takes about suppose 2 months to process and by then I probably will get the green card application outcome. So if green card is approved everything would be fine, and if not, then I’ll still have the J1 pending. That way I would decrease the work authorization time lag.

Please let me know your opinion. My boss agrees with the international center and is saying that we should wait until green card result is given.

But to me, that’s uncertain and we should proceed with J1, especially when I know I can’t work beyond 14th January. So my question is whether or not there is any risk of submitting paperwork for J1 while my EB1A is pending. Please advise.

Thanks for your time!

Answer:

By applying for a green card, you have expressed an intent to immigrate. This would be in the records of USCIS. When you apply for J1, they may notice  this and deny the J1. The denial can occur irrespective of green card outcome, because your intent conflicts with J1 visa holder intent. So J1 is not a good option.