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EB2-NIW petition submission before J1 visa

Published Mar 10,2024 By Mike Johnson

I am currently in the UK I submitted a petition for EB2-NIW, however a month after submission I was offered a postdoc position in USA. Does my EB2-NIW petition make me in eligible for the J1 visa?

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1 month ago

Your petition does not make you automatically ineligible for J1. However, your J1 application can be denied on the basis of pending EB2 (you need to prove that you will not immigrate in order to obtain J1, so there will be a conflict of intents).

I think the best route would be to tell your university that you have a pending EB2 and ask them to sponsor H1B visa for you. Alternatively, you can consult with an immigration attorney to see if you can still prepare paperwork in a way to minimize your chances of J1 rejection.

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