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h1 to j1
- Thread starter baikal3
- Start date
if you have applied GC then it will be difficult...
see the chat with Sheela Murthy
http://www.murthy.com/gco_faq.html
Question 2. If a person in India, whose family-based green card application is being processed, comes to the U.S. on J-1 visa for a short-time, will his or her green card application be affected in any way? TOP
Coming on a J-1 should not affect the green card application, BUT the green card application does make it very difficult to obtain a J-1 visa. Even if the person does obtain a J-1 visa, he or she may have a problem being admitted into the country. The reason for the above is a concept known as nonimmigrant intent. To qualify to obtain a J-1 visa or to enter as a J-1, a person must intend to be here only temporarily. Having a permanent case pending means that the person has expressed the intention to come to the U.S. on a permanent basis.
see the chat with Sheela Murthy
http://www.murthy.com/gco_faq.html
Question 2. If a person in India, whose family-based green card application is being processed, comes to the U.S. on J-1 visa for a short-time, will his or her green card application be affected in any way? TOP
Coming on a J-1 should not affect the green card application, BUT the green card application does make it very difficult to obtain a J-1 visa. Even if the person does obtain a J-1 visa, he or she may have a problem being admitted into the country. The reason for the above is a concept known as nonimmigrant intent. To qualify to obtain a J-1 visa or to enter as a J-1, a person must intend to be here only temporarily. Having a permanent case pending means that the person has expressed the intention to come to the U.S. on a permanent basis.
meowmeow, thanks for your reply.
Perhaps I should have clarified this in my post: I am obviously not asking about my personal situation since, as my signature info shows, I already have a green card.
This question relates to someone else who has not yet applied for a GC and whose 6 year H1B limit is expiring soon.
So I would still like to know: is it possible to change status from H1 to J1?
Perhaps I should have clarified this in my post: I am obviously not asking about my personal situation since, as my signature info shows, I already have a green card.
This question relates to someone else who has not yet applied for a GC and whose 6 year H1B limit is expiring soon.
So I would still like to know: is it possible to change status from H1 to J1?
To qualify to obtain a J-1 visa or to enter as a J-1, a person must intend to be here only temporarily.
Yes, it is possible but quite difficult in your friends case because
since he had already stayed 5 years here (which shows he has an intent to stay)
As him to get a lawyer's advise before filing.
Meow
Yes, it is possible but quite difficult in your friends case because
since he had already stayed 5 years here (which shows he has an intent to stay)
As him to get a lawyer's advise before filing.
Meow
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