EB1A and J1 Waiver

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goviks

Registered Users (C)
Hi Friends,
I have a basic question and your inputs will be greatly appreciated. Can we apply for EB1A while staying on J1 visa and without having waiver? I beleive we can apply.
Thanks
 
yes u can

goviks said:
Hi Friends,
I have a basic question and your inputs will be greatly appreciated. Can we apply for EB1A while staying on J1 visa and without having waiver? I beleive we can apply.
Thanks
Click to expand...

Yes. You can stay on J-1 visa without a waiver while you have applied for I-140. But You need to have final waiver from USCIS when you apply for I-485.
 
Last edited by a moderator:
YES, you can apply. I am also J-1. I applied I-140 without waiver. But, when I applied for I-485, my waiver was approved. Infact, I am still on J-1 which end in May 2008. Before that I am thinking of using EAD which is approved very recently.
 
Hi goviks, lakksh and rkottani
I'm concurrently filing 140 and 485 at NSC (my application shd be out in 2-3 days). I've obtained a waiver and my J-1 expires next year Aug 2008. What do you guys feel that if this much time is enough to obtain the decision regarding those two applications. I'll be getting my and wife's EAD in 3 months. Should I used EAD after my J-1 expries or else I move to H-1 a month before it expires. Presently my wife is working in a private company (j-2 EAD). My lawyer discouraged me by saying that my applicaation could be rejected as J-1 is non-immigrant intent visa?? Please reply...
 
Yes, you lawer is partially correct. I have come across few cases whose petition was denied on the basis of J-1 in Vermont Service center more than a year ago. At the same time, several cases have been approved in NSC and TSC.
 
Unfortunately that's not a great news for me as I've paid all fees to the lawyer. I can't right away switch to H1 as my wife wont be abe to work on H-4. Please suggest if there is some other possibility....
 
Let the application go out. Anyway it would take another year to take applications in NSC as they are processing dates are august 06. Meanwhile you can move to H1 acadamic and you will be in a better position to defend the case incase if there is an RFE.
 
Thanks a lot skvadivel. May I know when shall I apply for H1b? I think I'll wait till last few months before I change to H1b. My wife will also apply for H1 (cap) next year. If my 1-140 and I-485 is pending (after J-1 expires) can we stay and work in US based on EAD and AP.
Please reply and thanks once again for your prompt reply
 
Yes, Absolutely no problem. You can buy lot of time with the current trend. Once your J1 expires, either you can apply for academic H1 or Cap H1 where as your wife can continue to use J2-EAD and then I-485- EAD. Infact if everything goes well, you(both) can use EAD and get GC if you are from non retrogressed country.
 
I don't think they will reject your I-485 if you are in J-1.
When you have taken J-1 waiver certificate you are safe. I am sailing the boat on these things. My I-140 is approved (I also have waiver certificate for my J-1) and I have got my EAD. Should I worry that my I-1485 gets rejected because I am J-1?. My J-1 will expire in May 2008. Once I have my EAD card I will work on that. So, where will be my J-1 status? It get expires when I start using my EAD. Am I right?. My lawyer never discouraged me about this. Infact, there is question in I-485 form regarding J-1 waiver. It says that if you are on J-1 you should take waiver certificate.

Comments please.
 
Thanks skvadivel!! Well rkottani your situation is very much similar to mine. I agree purely on that basis (j-1 visa) they dont reject it. Well I'm applying in EB1-OR category and It's current for India. Yes my plan is to use EAD after Aug 2008 (when my J-1 expires) and hopefully before that I'll have my 140 decision....guide me if I'm wrong..
 
go ahead and submit

frenzgood said:
Thanks skvadivel!! Well rkottani your situation is very much similar to mine. I agree purely on that basis (j-1 visa) they dont reject it. Well I'm applying in EB1-OR category and It's current for India. Yes my plan is to use EAD after Aug 2008 (when my J-1 expires) and hopefully before that I'll have my 140 decision....guide me if I'm wrong..
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frenzgood,
you are good. I know several cases got approved on J1.Even my attorney said it`s not a problem if we have waiver. go ahead and submit. good luck.
 
skvadivel,

I have a comment. I understand that you have come across few cases where J-1 petitions are rejected. Are you talking about I-140 or I-485?. Do you what was the reason for this denial. I don't think it is because he/she was J-1.
 
Thanks a lot you guys for all information. One more question- my DS form expires 31 Aug 2008 where as my visa expires on 30 Sep 2008. So can I stay in US till 30 Sep 2008 and utilize that month for changing status.....
 
frenzgood said:
Thanks a lot you guys for all information. One more question- my DS form expires 31 Aug 2008 where as my visa expires on 30 Sep 2008. So can I stay in US till 30 Sep 2008 and utilize that month for changing status.....
Click to expand...

When your DS-2019 expires on 31 Aug 2008, your visa will longer be valid but you have 30-day period to leave the country technically. Since you have applied for GC, you should apply for change of status before 31 Aug 2008.

I would suggest you to apply for H1B- well in advance.
 
lakksh is right. If your I-140 is approved by then, you can use your EAD to work. If you are very very lucky, if premium processing is reinstated, you can upgrade your I-140 to PP. So, you will have have your I-140 approved and then you can start using your EAD and AP and maintain the status.

That's what I am doing now. I am not applying for H-1 and instead I start using my EAD and maintain my status. I don't know how far they encourage and approve your H-1 petition when you have applied for adjustment of status (I-485). Think over it!!
 
Thanks lakksh......I hope I'll have 140 and 485 approved well before that and I can use EAD and AP to stay and work here until I get my green card....I hope i'm thinking in right direction. If decision is unlikely (around 10 months from now), then I'll go for H1b PP.
Thanks once again
 
Do I need waiver?

I also have J-1. But my visa says "Two year rule does not apply". Does that mean I do not have to get waiver or I still need it? One of my friends still got the waiver and he is very confident that I need to get it since I am working in biological field. However, the international office at my work said I do not need to get it. I am confused. What is your opinion?
 
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