Green Card after J1

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frenzgood

Registered Users (C)
Hi Friends
I desperately need your suggestion on this. Actually presently I'm on J-1 and my University employer agreed on sponsoring my GC (EB1 category). My concern is that my J-1 will expire on 31 Aug 2008. May I know if that much of time good enough to get GC in EB1 category. Also may I know if I can change my status from J-1 to H1 while my GC is under process?? I mean if i apply for GC now and if no decision is there till next year June-July then I can change from J-1 to H1?Pls suggest as I'm not much informed about it.
Thanks in anticipation
Frenz
 
First things first: Are you subject to the 2-year home residence requirement? If so, you must get a waiver first.

Second - and assuming EB-1 visa numbers stay current, you may be able to apply for the green card concurrently with EB-1. In that case, you can apply for a work permit and travel permit. While your green card is pending, you can still work (once you get your Employment Authorization Document) and travel abroad (once you get your Advanced Parole document) and remain legally in the US until your green card is issued. So you don't need to necessarily HAVE your green card before 31 Aug 2008, but you need to have applied for it at least 3-4 months before that date in order to get your work permit on time.

You can apply for your EB-1 any time, but you cannot apply for your green card if you are subject to the 2-year home residence requirement until you get a waiver (or at least the first step of the waiver which is the Favorable Recommendation from the State Department).

But again, once you apply for it, you don't have to worry about H-1 or anything, as you will be legally present (due to a pending adjustment application) and able to work (assuming you apply for an EAD when you apply for the green card).

Lastly, it is generally not a good idea to travel abroad once you have initiated a J-1 waiver application, or once you have filed your I-140, whichever is earlier. So plan accordingly as you will be stuck in the US from the period of applying for a J-1 waiver (or the EB1 if you don't need a waiver) until obtaining your advanced parole document.
 
Thanks a lot jk0274!!
I sincerely appreciate your help. I've already received my waiver. May i know if God forbid my EB1 application gets rejected than will it affect my status adjustment from J-1 to H1. Also can I file both EB1 and EB2 together.
Thanks once again
Frenz
 
As you have already gotten your waiver, it would be a good idea to get H1B. That case if your EB1 is rejected you are fine and can continue to work and reapply for I-140 again.

Also you definitely can apply for both EB1 and EB2 at the same time.
 
Thanks a lot for your kind reply!! I understand that to be on H1 is safe but I can't take H1 now as my wife is on J2 and she is working in a profit organization. So if i change to H1 now then she won't be able to work.
Her company can't sponsor H1 until next year.
That's why i'm thinking of applying for EB1/2 rightaway and I'll change to H1b next year (Aug 2008 my J1 expires).
Please suggest if I'm doing it right/wrong
Thanks
Frenz
 
frenzgood said:
Thanks a lot for your kind reply!! I understand that to be on H1 is safe but I can't take H1 now as my wife is on J2 and she is working in a profit organization. So if i change to H1 now then she won't be able to work.
Her company can't sponsor H1 until next year.
That's why i'm thinking of applying for EB1/2 rightaway and I'll change to H1b next year (Aug 2008 my J1 expires).
Please suggest if I'm doing it right/wrong
Thanks
Frenz
Click to expand...

I think you can go ahead and apply for EB1-B OR. You should be able to get your green card even before Aug 2008. So there is no point of changing to H1by then.

good luck
 
Thanks lakksh!! You are right I may get it before Aug 2008. But may i know if I could change to H-1 at that time.
Frenz
 
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