Urgent Please: I-140 Impact on J-1 Status and J-1 Visa application???

[bichkand]

-I am on a J-1 visa working for a Federal Agency as a researcher.
-I submitted my I-140 petition back in March 2011.
-I have not applied for the J-1 waiver yet and have not submitted any petitions for adjustment of status.
-I am planning to visit my home country this summer.
-I will have to apply for a visa stamp for coming back to the US.

Now my question is under the circumstances as described above will it be a problem for me to get a visa to get back to the US? Can my DS-2019 be extended despite my I-140 petition? Will the consulate where I will apply and CBP at the port of entry know about my I-140 petition and will that caus a problem for my return to the US?

I am figuring out what to do under the circumstances so your guidance will be highly appreciated.

Thank You!!!!!

 

[a_tiwari1967]

I think there is an issue of intent. J visa confirms to non-immigrant intent, while I-140 is clearly immigrant intent. So you can not claim dual intent, like the one inherent in H1b and therefore J1 holders after taking waiver, go for H1b and then for GC. Probably you can not hide your I-140, and you should not hide anything, or make false statements ever. You may use this information in your favor that you have not applied for waiver and that not planning to apply for I-1485 soon. You may take a stand that after expiry of J1 time period, you will return to your home country, serve 2 year term and then if meanwhile your I-140 is approved, you may apply for consular processing in future. So it is better to do solid preparation for proving non-immigrant intention at visa interview and also at port of entry. Consult an attorney if not sure about this issue, because they know the internal workings and systems within the USCIS well.

 

[bichkand]

@ a-tiwari1967 thank you very much for your response. I checked the non-immigrant visa application form DS-160 and it does not ask about any I-140 petitions. I am just not sure if the consulate will find out about my petition without asking me about it. As you have said there is no way of finding that. I am planning to contact an attorney to see if I can get any further insight into it.

Again thank you very much for your reply.

I think there is an issue of intent. J visa confirms to non-immigrant intent, while I-140 is clearly immigrant intent. So you can not claim dual intent, like the one inherent in H1b and therefore J1 holders after taking waiver, go for H1b and then for GC. Probably you can not hide your I-140, and you should not hide anything, or make false statements ever. You may use this information in your favor that you have not applied for waiver and that not planning to apply for I-1485 soon. You may take a stand that after expiry of J1 time period, you will return to your home country, serve 2 year term and then if meanwhile your I-140 is approved, you may apply for consular processing in future. So it is better to do solid preparation for proving non-immigrant intention at visa interview and also at port of entry. Consult an attorney if not sure about this issue, because they know the internal workings and systems within the USCIS well.

 

[anonymous123!]

@ a-tiwari1967 thank you very much for your response. I checked the non-immigrant visa application form DS-160 and it does not ask about any I-140 petitions. I am just not sure if the consulate will find out about my petition without asking me about it. As you have said there is no way of finding that. I am planning to contact an attorney to see if I can get any further insight into it.

Again thank you very much for your reply.

Hi!! Its been over 10 years on thhis issue.. Please could you give any updates?? Same issue....

 

[anonymous123!]

@ a-tiwari1967 thank you very much for your response. I checked the non-immigrant visa application form DS-160 and it does not ask about any I-140 petitions. I am just not sure if the consulate will find out about my petition without asking me about it. As you have said there is no way of finding that. I am planning to contact an attorney to see if I can get any further insight into it.

Again thank you very much for your reply.

any updates on this??