PERM and J1

A

Al Ji

New Member
Hi all,

My wife found a sponsor which applied a PERM (Permanent Labor Certificate) for her - she is in the beginning of the process.

I found a sponsor for a J1 visa for myself (Exchange).

I would like to know if there is any problem to request for J1 visa for me and J2 for my wife until she gets her PERM?

There is any problem to come to the US with J1 for me and J2 for my wife untill she gets her PERM?

Thanx, Al.
 
It's illegal for your wife to apply for PERM if she holds a J-2 and your J-1 needs a two-year home country service. So yes there's a big problem.

Al Ji said:
Hi all,

My wife found a sponsor which applied a PERM (Permanent Labor Certificate) for her - she is in the beginning of the process.

I found a sponsor for a J1 visa for myself (Exchange).

I would like to know if there is any problem to request for J1 visa for me and J2 for my wife until she gets her PERM?

There is any problem to come to the US with J1 for me and J2 for my wife untill she gets her PERM?

Thanx, Al.
Click to expand...
 
To LCEUI

I hope you mean it is only illegal to apply if you are subject to HRR, I am in a similar position, I am a J2, my husband being a J1, my employer is sponsoring me for permanent residency through PERM, I have not heard that it is illegal?!
 
Al Ji said:
Hi all,

My wife found a sponsor which applied a PERM (Permanent Labor Certificate) for her - she is in the beginning of the process.

I found a sponsor for a J1 visa for myself (Exchange).

I would like to know if there is any problem to request for J1 visa for me and J2 for my wife until she gets her PERM?

There is any problem to come to the US with J1 for me and J2 for my wife untill she gets her PERM?

Thanx, Al.
Click to expand...
At PERM stage, it is fine, but once your wife goes into I-140, her J2 won't be approved. Technically, your J1 is fine til you file I485 as dependent of your wife's PR process.
 
To GotPR

When my wife go into the I-140 stage, her J2 won't be approved - it will be switched into B1/2 (or what) ? Can she stay in the US ? What happen to my J1 when I get the I-485 stage ?

There is any online, official, resource regard this topic ?


Thanx, Al.
 
Last edited by a moderator:
Al Ji said:
When my wife go into the I-140 stage, her J2 won't be approved - it will be switched into B1/2 (or what) ? Can she stay in the US ? What happen to my J1 when I get the I-485 stage ?

There is any online, official, resource regard this topic ?


Thanx, Al.
Click to expand...
Til she files I485, J2 status must be absolutely valid even though she filed I-140, but if she wanted to extend J2 status, extension is most likely denied.
B1/B2 is not allowed immigration intent therefore petition for B1/B2 won't be approved after i140 filing.
It is gray area whether your J1 status is valid or not once YOU(not your wife) filed your own I485 as dependent of your wife's PR process. There is no clear guideline, but there is certain reason that some people believes J1 is not valid after I485 filing. If you ask this question to different people, you'll get different answers as this is not based on word of law, but based on interpretation of visa concept. Safer way is apply for EAD when you file I485 and use EAD to work.
 
going for j1 may be risky cos of the associated 2yr home residency requirement, if you are not subject to this, then you are fine, otherwise seek alternatives.
 
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