J2 to PERM

boatwright

Registered Users (C)
Hello, I am on a J2 Visa (my husband is the J1) I have an "open" work permit off the back of my J2 visa. I am already working for a small company in a small town - my employer has agreed to sponsor me and we are about to file PERM online. I have a question with the online form - there is an aread where you answer a different set of question depending on what sort of position you hold and how the job was advertised. There is a question which asks if you are "using a competitive recruitment and selection process" does anyone know what this means. I am applying under the skilled worker route - I am not a professional. As my employer originally only advertised my job via the local government "job centre" I am worried the advertising will not be sufficient although I really was the only suitable candidate. I live in a small town where I think the quality of employees is quite low. The section of the form in question in Section I. I am obviously already working for my employer and wondered if that will be of help or not - my current visa runs up until February 2007. Anyones help would be appreciated.
 

great guru

Volunteer Moderator
boatwright said:
Hello, I am on a J2 Visa (my husband is the J1) I have an "open" work permit off the back of my J2 visa. I am already working for a small company in a small town - my employer has agreed to sponsor me and we are about to file PERM online. I have a question with the online form - there is an aread where you answer a different set of question depending on what sort of position you hold and how the job was advertised. There is a question which asks if you are "using a competitive recruitment and selection process" does anyone know what this means. I am applying under the skilled worker route - I am not a professional. As my employer originally only advertised my job via the local government "job centre" I am worried the advertising will not be sufficient although I really was the only suitable candidate. I live in a small town where I think the quality of employees is quite low. The section of the form in question in Section I. I am obviously already working for my employer and wondered if that will be of help or not - my current visa runs up until February 2007. Anyones help would be appreciated.

What is the title of the job offered to you? Did you get wage determination from SWA?
 

gc_2006

Registered Users (C)
J2/j1 -> Perm

J2 to GC is an interesting route. I had suggested the idea a while ago at some other forum but was laughed at as 'undoable'. I am glad you are trying it and wish you all the best.
There is another guy on the Murthy forum who is on J1 right now who actually just got his PERM approved already a couple of weeks ago (also in 'skilled' - non-degree' category). Here is the link:
http://murthyforum.atinfopop.com/4/...=2994050912&m=796102358&r=796102358#796102358

He is Lesley1020 - maybe you can message him and get some info.

Here's some info that might help with your recruitment:
http://www.murthy.com/perm.html
http://www.murthy.com/news/n_docrec.html

Note the article talks about the differences between professional and non-professional recruitment - this should help you.

Best of sucess to you.
 

boatwright

Registered Users (C)
To Great Guru Ref: J2 to Green Card

I have been working as an Office Coordinator for this company since April 2005. We plan to get a wagae determination before submitting the application and adjust wages accordingly. Someone else has replied to my message and suggested that J2 to Green Card is "undoable" but I cannot see what difference it makes which type of Visa I am on at the moment? Thanks for your help!
 

gc_2006

Registered Users (C)
Actually it does make a difference. H-1B is dual intend and J2 is not. That means you probably cannot file I-485 (change of status) but have to go through consular processing at home...again this is a very special case and a good attorney would definitely help. Contact that guy from the Murthy board and ask him how he does it.

boatwright said:
I have been working as an Office Coordinator for this company since April 2005. We plan to get a wagae determination before submitting the application and adjust wages accordingly. Someone else has replied to my message and suggested that J2 to Green Card is "undoable" but I cannot see what difference it makes which type of Visa I am on at the moment? Thanks for your help!
 

boatwright

Registered Users (C)
Dear gc 2006 - thanks for the advice. I currenetly have a work permit (off my J2) and this runs until February 2007 - would this still be the case if the PERM and GC could both be processed before then?? My J2 visa does not have the clause where I haev to return to the UK for 2 years. I have read all the official US immigration web sites and cannot find anything about not being eligible to apply - are they just trying to cath people out??
 

gc_2006

Registered Users (C)
There doesn't exist much information on this subject because using J1/J2 to file for GC has really only become feasible through PERM. Apparently it seems even possible to file I-485 as you can see from below links. However the matter is not as clear as one might hope (Murthy page from 1998 mentions regulations not published...).

http://www.murthy.com/arc_news/a_j1j2.html
http://www.unl.edu/iaffairs/facultyscholars/leaving.shtml


boatwright said:
Dear gc 2006 - thanks for the advice. I currenetly have a work permit (off my J2) and this runs until February 2007 - would this still be the case if the PERM and GC could both be processed before then??
Once you file I-485 you can also file for EAD based on that. Once you get it you can use it to work.
boatwright said:
My J2 visa does not have the clause where I haev to return to the UK for 2 years. I have read all the official US immigration web sites and cannot find anything about not being eligible to apply - are they just trying to cath people out??
Make sure that waiver is not causing any problems. I used to be on J1 before and anytime I bring that up they keep asking these HRR question (it was 7 years ago).
 

chanduv23

Registered Users (C)
This news is encouraging. I am on 6th year on h1b and have no hopes for green card, but my wife is applying for residency this year and plans to take h1b route but if things turn out favourable in terms of j1 to GC, I think she can choose that route.
 

WhyThisDelay

Registered Users (C)
Gc_2006

I did not read through all the links that you've posted here and I'm new to the idea of getting GC from J1.

But a simple question:

Why do you think that it is possible to get GC through PERM for J1 visa holders as opposed to old system. Your response is really crucial for my wife, who is preparing to apply for residency, and there is very hard competition for H1 programs.

I greatly appreciate your response.

Thanks.

gc_2006 said:
There doesn't exist much information on this subject because using J1/J2 to file for GC has really only become feasible through PERM. Apparently it seems even possible to file I-485 as you can see from below links. However the matter is not as clear as one might hope (Murthy page from 1998 mentions regulations not published...).

http://www.murthy.com/arc_news/a_j1j2.html
http://www.unl.edu/iaffairs/facultyscholars/leaving.shtml


Once you file I-485 you can also file for EAD based on that. Once you get it you can use it to work.
Make sure that waiver is not causing any problems. I used to be on J1 before and anytime I bring that up they keep asking these HRR question (it was 7 years ago).
 

gc_2006

Registered Users (C)
J1 to GC

Hi WTD,
here a simple question. Under the old system it apparently wasn't disallowed to file LC and then GC after that. However since LC took years and I-140 and I-485 used to be sequential you could have had to wait between 3-5 years altogether. I am not aware of any J1 visa lasting that long (usually non pysicain J1 are only good up to a maximum of 18 months). Which employer and employee would then even attempt to file for LC and GC because of the disparity in timeframe? The answer is logical.

WhyThisDelay said:
But a simple question:
Why do you think that it is possible to get GC through PERM for J1 visa holders as opposed to old system. Your response is really crucial for my wife, who is preparing to apply for residency, and there is very hard competition for H1 programs.
 

WhyThisDelay

Registered Users (C)
Thanks gc_2006.

Thanks gc_2006.

I see your point.

So here is the scenario under the new system - which you think is possible. My wife applies for residency. If she goes for J1 visa (which is much easier to get as compared to H1), and the residency is 4 years, she can probably file for LC in EB2 and National Interest waiver - which hopefully should get approved in 4 months (DOL would have fixed all the problems with PERM by then). Then depending on the retrogression of EB2 category (1.5 years maybe) - she can apply I140 and 485. Is this scenario correct??

Additionally I read on the US govt. website (FAQ on J1 waivers) that the Physician on J1 cannot obtain a waiver(http://travel.state.gov/visa/temp/info/info_1294.html) . They have to work in under-privileged area for 2 years for sure. My question is - can you apply for LC/I140/485 before you've fulfilled the requirement i.e. during the residency? Or you can start your GC process only once you've started fulfilling the J1 waiver requirements?

gc_2006 said:
Hi WTD,
here a simple question. Under the old system it apparently wasn't disallowed to file LC and then GC after that. However since LC took years and I-140 and I-485 used to be sequential you could have had to wait between 3-5 years altogether. I am not aware of any J1 visa lasting that long (usually non pysicain J1 are only good up to a maximum of 18 months). Which employer and employee would then even attempt to file for LC and GC because of the disparity in timeframe? The answer is logical.
 

gc_2006

Registered Users (C)
First, I am not really experienced with physician's J1 - this whole waiver stuff seems complicated.

WhyThisDelay said:
If she goes for J1 visa (which is much easier to get as compared to H1), and the residency is 4 years, she can probably file for LC in EB2 and National Interest waiver - which hopefully should get approved in 4 months (DOL would have fixed all the problems with PERM by then). Then depending on the retrogression of EB2 category (1.5 years maybe) - she can apply I140 and 485. Is this scenario correct??
What is the NIW for? I thought if you have file a NIW you don't need a LC (hence no PERM). Here's a link that should cover any questions you have regrading medical GC - through J1 or any other route: http://www.mdgreencard.com/


WhyThisDelay said:
My question is - can you apply for LC/I140/485 before you've fulfilled the requirement i.e. during the residency? Or you can start your GC process only once you've started fulfilling the J1 waiver requirements?
You should be able to do LC any time. However at least I-485 requires cleared waiver as far as I know. Again the link above should tell you all you need to know.
Hope this helps.
 

gc_2006

Registered Users (C)
Just found this update on J1 and H-1B for MDs.
From Shusterman's immigration update:

Second, with regard to physicians who have obtained interested government
agency waivers of their J status, another new law provides that they are exempt from either of the H-1B caps. We link to the complete text of this law from our "Physicians" page at: http://shusterman.com/toc-phys.html#12
 

WhyThisDelay

Registered Users (C)
YEah - I knew that one. Most of the hospitals dont come under H1B cap of 65k, unlike the other skilled workers such as s/w engineers etc.

Thanks gc_2006. I'll study the pdfs on that link. Maybe I'll get some useful info there.

But the gist of my findings till now is that if you take J1 as a physician, you'll have to server 3 years in an underserved area (5 years if you take NIW). So basically you cannot change job for at least 3.5 years (.5 because after 3 years you can apply for 485 and after 6 months, you can switch employer, without using the AC21 ).


gc_2006 said:
Just found this update on J1 and H-1B for MDs.
From Shusterman's immigration update:

Second, with regard to physicians who have obtained interested government
agency waivers of their J status, another new law provides that they are exempt from either of the H-1B caps. We link to the complete text of this law from our "Physicians" page at: http://shusterman.com/toc-phys.html#12
 

chanduv23

Registered Users (C)
whythisdelay,
we both seem to be in the same boat. My question is even if your wife joins residency on j1, will the program sponser for green card? I have not heard of any residency programs sponsering green cards.
r u in Seattle? we can talk on phone sometime. let me know.
 

WhyThisDelay

Registered Users (C)
Hi Chanduv23.

From what I understand (after reading a lot of material on this )- here is the whole issue with getting GC from J1 visa. First you do residency for 3-5 years (depending on speciality). During this time your sponsorer wont be sponsoring you for 2 reasons - first and foremost you are on J1 (non-immgrant intent) visa and secondly because you have to do waiver job ultimately - which you'll most probably get in a separate company (govt. health agency in rural areas). These are generally most non-coveted jobs for physicans ( for e.g. I searched in govt DB for available jobs in Seattle are and the only waiver jobs available were in Seattle jails :( )

During waiver, your visa type changes to H1. You do waiver job for 3 years at least - by which time you can clear your labor (EB2) and I140. You cannot apply 485 until 3 years are over - as required by law. So once you apply for 485, you'd most probably stick to the same non-coveted job for at least 6 months - after which you'll be free to change employers. Overall you are talking about almost 8 years of unsettled life - that is the primary reason why people hate the J1 visas so much.

Yes I am in Seattle area. Do send me PM if you want to talk over this issue.

chanduv23 said:
whythisdelay,
we both seem to be in the same boat. My question is even if your wife joins residency on j1, will the program sponser for green card? I have not heard of any residency programs sponsering green cards.
r u in Seattle? we can talk on phone sometime. let me know.
 

WhyThisDelay

Registered Users (C)
To gc_2006

Hi gc_2006.

Thanks for all the useful links that you posted on this forum (esp. the shusterman link - it has tons of useful info).

Here is a question regarding your post below. What is the difference b/w 485 and counsulor processing? I mean both of them mean that you want adjustment of your status - right?

As far as I know from reading all material on getting GC from J1, you can not apply for adjustment of status until you've either obtained waiver (non-physicans) or fulfilled waiver requirements (physician). The waiver requirement takes at least 3 more years after residency (in a govt. health agency in rural area). So do you still think that GC is possible for J1 guys in 3 years from the hospital where you do your residency?? At least I am led to believe otherwise - after reading all the FAQs. Please let me know if I missed any of you points here. Your inputs are highly appreciated and once again thanks for giving such valuable info and links.

Here is one of the FAQ question from shusterman site:

7. Question: May an H-1B petition be filed prior to obtaining a J-1 waiver?

Answer: Yes. An H-1B petition may be filed up to six months prior to the time when the H-1B worker will commence employment. However, the application for change of status may not be filed until the State Department issues its waiver recommendation to the BCIS.




gc_2006 said:
Actually it does make a difference. H-1B is dual intend and J2 is not. That means you probably cannot file I-485 (change of status) but have to go through consular processing at home...again this is a very special case and a good attorney would definitely help. Contact that guy from the Murthy board and ask him how he does it.
 

am100

Registered Users (C)
Am in same boat

chanduv and Whythisdelay

I am in the same boat as you guys. My wife is prepping for her USMLE and I am exploring options on the residency and J1/GC.

I am looking for answers to the questions posted by WhyThisDelay. Any help would be appreciated.

WhyThisDelay, I sent you an email to your email address. Pl respond.
 

gc_2006

Registered Users (C)
WhyThisDelay said:
Here is a question regarding your post below. What is the difference b/w 485 and counsulor processing? I mean both of them mean that you want adjustment of your status - right?

There is a difference - if you file I-485 you can get EAD and AP while you wait. If you file for CP you cannot. CP is usually being done by people who stay in their home country. However in certain cases CP can be faster than I-485. Also CP is not an adjustment of status. At the end of CP you would have to go to the consulate and do an interview to pick up the GC. Not so with I-485 - you stay in the US and that's it.
 
Top