GC process during J1 waiver ?

[mestep3]

One cannot start the filing process of Green Card during J1waiver.



If I start my J1 waiver on June 2009, I will be on H1B after June 2009.
Can I request my employer to start my GC filing anytime after June 2009 ?

 

[psychmd7]

you can start the process but cannot file for adjustment to immigrant status until completion of J1 waiver.

 

[mmed]

Step 1 GC (I140) has nothing to do withvisa status, waiver, never been in US, illegal stay ......etc. This is qualification under certain category, either you qualify for or not. Step 2 (I485) which does need the waiver.

 

[mestep3]

Step 1 GC (I140) has nothing to do withvisa status, waiver, never been in US, illegal stay ......etc. This is qualification under certain category, either you qualify for or not. Step 2 (I485) which does need the waiver.

I am short by 9 months for the 3 yr wwaiver requirement as I used up some of my H1B before starting a ersidency on J1.

Is there any way I can ask for H1B extensions based on pending GC process.

I understand that I -140 can be filed. . . but what if I - 140 is cleared and I am not allowed to file 1 - 485 due to not meeting requirement of waiver...In that case how do I ask for my H1B extensions beyond 6 yr to complete my waiver.

Can I ask for H1B extensions beyond 6 yrs based on cleared I -140 . . . . even if I haven't filed I - 485 due to ineligibility ?

What abt NIW category ? Am I eligible to file I 140 and I 485 at the same time before waiver completion in NIW category ?
thanks

 

[mmed]

Can I ask for H1B extensions beyond 6 yrs based on cleared I -140 . . . . even if I haven't filed I - 485 due to ineligibility ?

Yes you can

What abt NIW category ? Am I eligible to file I 140 and I 485 at the same time before waiver completion in NIW category ?

No No No. J1 is a big barrier without clearing it with waiver or 2 year home country you can not adjust status under any category, NIW, family, lottry, whatever .....etc
thanks

---------