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Consequence of EB1A denial under J1 visa

Published Oct 27,2024 By Robert Batista

HI. I am in my fourth year on a J1 visa and planning to file for the EB1A I-140. I have come across information suggesting that if the EB1A I-140 petition is denied for a J1 visa holder, regardless of the status of the J1 waiver, the individual may face deportation to their home country.

I would like to clarify the risks associated with this situation. Any insights or comments you could provide would be greatly appreciated.

Posted in EB1A
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4 months ago

Denied petition leaves you in your current status – J1. As long as you keep your status current, you are staying in the country legally. However, if you filed form I-485 (adjustment of status) together with your petition and you let J1 status expire in the meantime, then yes, denied petition (and hence denied I-485) makes your stay illegal and you have to leave the country.

In any case, please consult with an immigration attorney if you have any doubts.

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