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EB1 Retrogression and Alternative Options

Published Dec 5,2018 By abcdefg

Hello,

I’m sure most people would know by now that EB1 for ROW remains retrogressed unlike in previous years.

My question is, with my approved I-140 for EB1A, I’m afraid I can’t compete consular processing and obtain an immigrant visa in time to start my new job in June 2019. My situation is such that I may be left with no choice but to get a J-1 because of the institution’s policy.

Do we know if it is possible to get a J-1 if one has an approved I-140 but hasn’t started consular processing?

Thank you!

Posted in i-140
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Tigran Kalaydzhyan
Tigran Kalaydzhyan
5 years ago

Hello,

In theory, you should not be able to get J1 after I-140 is approved, because it creates a conflict of intents. In practice, however, this is being done. Please consult a qualified attorney to figure out if it is currently possible (we do not have up to date information on such cases).

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