Do I qualify for green card

Y

yermax

Registered Users (C)
Hi,
I checked FAQs, but I could find an answer to my question. Please help me.

I was on J-1 visa with 2-year home residency requirement (fellowship). Then I received a job offer from public library (government-funded institution) and applied for H1B. It was approved, but they kept 2 year home residency requirement. Somebody told me that I can apply for Green Card with getting a waiver. Is it true?
Or do I have to get a waiver first?
Can I get a Green Card with 2-year home residency requirement and then spend 2 years at home?

Thank you in advance.

Sincerely,
Max.
 
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Rajeev,

Thank you for your quick response.

Do you have any suggestions or ideas how can i get a waiver in my situation? I already tried to apply for a waiver on the grounds of No objection letter, but my application has been rejected. The reason stated in the rejection letter: my J visa was sponsored by American government or something like that.

Does it worth for me to apply the second time? If yes, then what is the most effective way to do so. Keep in mind that I'm neither a famous scientist nor a political fugitive.

I'll appreciate any advice.

Regards,
Max.
 
If you received US Govt funds for training,

You are not eligible for a waiver by way of obtaing an NOC from your home country. The waiver possibilities depend on your field of study. I am familiar with J1 waivers for physicians- since I went thru one myself. My options were-

1. Interested Govt Agency sponsorship ( most common)
eg., USDA, VA, HUD etc.,
2. Asylum because of persecution at your country

3. Hardship to your US citizen spouse and family posed by return to your home country.

You need to check with your peers and classmates to discuss this further. It may also be worth your money to consult an immigration attorney. Good luck.;)
 
Dear Rajeev,

Once again thank you for your quick response.

My field is Library Science. My country (Uzbekistan) is not on Exchange Visitor Skills List.

Why am I not eligible for waiver on the grounds of NOS?
is it because my fellowship was sponsored by US government?
I don't understand it.

I really appreciate your help.

Regards,
Max.
 
Yes.

If you received any US Govt grant/support/scholarship you are automatically ineligible for a J1 waiver by way of NOC from your home Govt.:(
 
Thank you, Rajeev.

Can you recommend a good and not too expensive immigration attorney in New Orleans area?

How much does the immigration attorney usually cost in this situation?
 
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I am sorry...

but I am in the midwest- You would have better luck with your friends and colleagues in your hometown. For that matter, you don't need a lawyer in your home town. My lawyer is in Virginia- about 700 miles from where I live! I don't think he is that impressive that I would recommend him. Ask around- some lawyers even do free consultations with prospective clients. Good luck!;)
 
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