F1/OPT and applied for NIW---next year possible change to J1 visa

E

eekoo

Registered Users (C)
Currently I am on F1/OPT and applied for NIW. I am also applying for residency this year to start next july.
My question is if the residency program only supports J1, can i get it?

Since J1 is not dual intent, is it possible i will be rejected to change status from F1/OPT to J1, just becasue of a I-140 filed?

How is it different if i change status here in US as to going back home and change it in the embassy?

If i change it in US, can i still go back home? cuz if i go then i need the visa stamped in the embassy? is there a possibility for rejection?

I do understand if i dont get a response on my I-140 by the time i get the J1, then i have to go thru all the hassle of J1-waver.

Thank you for your help
 
No you can not obtain a J1 visa. You can ask a lawer about that, but I had similar issues (family sponsorship). J1 is a non immigrant visa, does not have a dual intent (as H1). You will need H1 at the end
 
Yes. Don't apply/go the J1 route. Yes, you will get into unnecessary problems involving getting waiver. Besides, J1 is not a dual intent, like you mention.

In my opinion, if an employer says J1, just ask for H1. If non-profit, it doesn't make any difference except extra paperwork on their part. In my case, I work for a national lab that only does J1 but I strongly asked for a H1 and in the end they applied for one. So, just ask and see.
 
I still don't get it, so because I applied for NIW, that means i will not be given a J1 visa here in the US next march?

(A lot of programs only sponsor J1 visa, so if i cant get J1, that means i need to apply to H1 sponsoring programs only, which aren't much)

I really hope my I-140 gets approved before next march, so i wont need any visa then....

Please reply
 
Hello Eekoo, it is my understanding that a J1 visa is not an immigration visa and has a two-year home stay requirement for folks from most countries.

To answer your question,

"So because I applied for NIW, that means i will not be given a J1 visa here in the US next march?"

It is the other way around. I think your NIW application may have some trouble getting through since you are on J1. Folks, correct me if I'm wrong but isn't the immigration status the reason it is recommended to obtain the J1 waiver before petitioning for EB1 or EB2. Are there any folks here who have gotten their NIW or EA approved without getting a J1 waiver?
 
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