J1 - Urgent Questions - Please Help - Please

G

gcebphd

Registered Users (C)
Hi Experts,

1. I am from India and completed US PHD in Science and now working on F1-OPT for a for profit regular pharma company as technical support scientist.
Company already filed H1B on April 2 but they are telling me that H1B quota for 2008 is reached and if i am not chosen in the USCIS lottery, company
will apply J1 for me (only way i can continue working for them).

Question 1: Which category of J1 should the company file for me as i have US PHD and working as Technical Support Scientist in Science Field?

2. I understand that i am subjected to HRR but i hope i will get No Objection waiver.

Question 2:
WIll i loose my J1 status the moment i will get my J1 NoObjection waiver?

When should i start my J1 waiver process after my company file for J1 status change?

3. I understand that I cannot file I-485 with my spuose as i will be on J1 (Spouse is on H1B/I-140 approved/waiting on PD to be current)

Question: If i get J1 waiver can my spouse add me in I-485 Green Card application?

Please help and reply.
 
Question 2:
WIll i loose my J1 status the moment i will get my J1 NoObjection waiver?

No. You will be on J1 till your DS2019 is valid (say for example you have J-1 till Dec. 2008 and if you get your final waiver in June 2008 still you will be on J-1. You cannot extend your J-1 beyond Dec 2008)

When should i start my J1 waiver process after my company file for J1 status change?

May be during second year of your J-1. You have to balance with your spouse PD. Under what category your spouse got I-140 approved. If it is EB-2 then it might take more time for the date to become current (provided if your spouse is from India or China). If your spouse is from India then you better apply your waiver later on since J-1 is for 5 years now. Be on safe side.

Question: If i get J1 waiver can my spouse add me in I-485 Green Card application?

my answer is in your previous question
 
magdhu - Followup question

Hey Magdhu,

Thank you for your response and advise.

My spouse is from India, EB2, PD= Oct 23, 2003 and current PD/EB2/India is Jan-8-2003.

Question:

1. Can i request the maximum 5 years of J1 during my first J1 application? or Does it have to be 3 yrs first and then i have option to extend max of 5 years?

2. To get No Objection letter from India Central Govt (new delhi, India) - DO I have to PHYSICALLY present at India and go to the New Dlhi office myself to get the NOLetter?

Please help. thanks again!!!
 
Question:

1. Can i request the maximum 5 years of J1 during my first J1 application? or Does it have to be 3 yrs first and then i have option to extend max of 5 years?

J-1 is for 5 years (total unlike H-1B) and again it depends the hiring company. Not sure about your company. If it is University then initially it might be 1 or 2 years.

2. To get No Objection letter from India Central Govt (new delhi, India) - DO I have to PHYSICALLY present at India and go to the New Dlhi office myself to get the NOLetter?

First of all go to Indian consulate, US website and then see the forms available. You need to fill those forms and see the instructions.

You have to get the signature from consular officer, Indian consulate in US and then you have to send one copy to Home department wherever you are from and the second copy goes to the passport office in india from where you got your passport and the third copy goes to Human Resources (HRDG, NewDelhi). All those three office will send you the NORI (No obligation to Return to India). You need not be present in INdia physically for these paper works. Not sure about how much time it will take to get these letters.
This information helps to start your NORI process.

Good luck
 
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