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Will DOE project be negatively affect to GC application?

Published Apr 16,2023 By Tommy Hwang

Hello everyone,

I would like to ask if being in a project of the US government (Dept of Energy) will negatively affect the application of GC. As follows:

1. I received a 2-year postdoc offer from a University in the US, I am working on documents to work in Fall 2023 under the J1 Visa.
2. The 2 year fund for J1 is not related to the US government project, so there is a high chance that there will not be a 2 year rule.
3. Intend to file I-140 after entering the US and then I-485. I will try to file in 1-1.5 years after coming to US.
4. However, currently my supervise is working with me to write a proposal to apply for a fund of the Department of Energy (DOE). Co-written with 4 other Profs in school. My Prof said that writing this to apply for a fund for my 3rd year, and need me in the team because my expertise is useful and other members don’t have.
5. The proposal result will be confirmed at the beginning of 2024.

Question: If the proposal is funded by DOE, with my name in the DOE project, but I have not used the money from the DOE project for 2 years (Fall 2023 – Fall 2025), will it be negatively affected to evaluation of my I-485? (I-485 is expected to be submitted by the end of 2024, and when I submit I-485 I still have a J1 Visa).

Thank you very much.

Posted in I-485
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BlogSupport
BlogSupport
10 months ago

If your J1 visa does not have a 2 year requirement, then your project with DOE won’t negatively affect your chances of I-140/I-485 approval. If anything, it may actually improve your chances if you apply for EB1 or EB2-NIW, because it shows that your research is important to the country. My work was financed by multiple DOE grants and it did not prevent me from getting a green card, while helping me to add more weight/substance to the case.

Tommy Hwang
Tommy Hwang
10 months ago

Thanks for quick response.
Did you hold a J-1 Visa when you work on a DOE project?

BlogSupport
BlogSupport
10 months ago
Reply to  Tommy Hwang

Yes

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