mmed,
can you please help?
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). Sorry for the confusion, are you subject to the 2 yr RR now or you will be subject later after the company will sponsor you the J? If you are subject now to the 2Yr RR, then it is not allowed for you to apply for H and your application will be denied.
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? Being in a university throughout my J carrier I have no idea, but it does not matter for you, any J category.
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? No, the waiver does not mean that you will loose your J status, the waiver means that you can apply for H, GC and many other categories. But if you get waiver, No j extensions, No J transfer and No other J in your life.
When should i start my J1 waiver process after my company file for J1 status change? You can start the waiver from the first day you join your J sponsor (not before you start), the earlier the better.
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? If you get the waiver you can apply for a separate AOS (I-485) based on your wife's pending I-485 or even within 6 months after her approval (not after that and not before the waiver). For sure you have to wait for PD to be current
You seem to be very experienced in J1/Waiver/Green-Card and WILL really APPRECIATE you help and advise . thanks!!
Please help and reply.