PERM during J1 waiver

[cerruti2827]

I need an official document/website which says that PERM can be applied anytime during the three years of J1 waiver (but adjustment of status will only occur after three years are fulfilled).

My human resource is claiming that I cannot apply even for PERM(labor certificate) before finishing three years of J1 waiver.

If any one knows any website where it clearly mentions about when to apply for perm, I wil appreciate.
PS: USCIS website doesnot specifically answer the above question.

 

[st4rguitar]

Dear Cerruti,

How funny - I just posed this question to one of our attoneys last week! Here is what I was told - the purpose of a J1 waiver is for you to gain training here in the US to take back with you to your country and use there. Hence, you should NOT have an immigrant intent (and filing a "Permanent Labor Certification" is showing that you do want to stay here) while you are on a J1 visa. I don't know anything about having to finish 3 years for J1, as I've only encountered people here on J1's for short periods of time.

Go to the library and see if they have any reference books on immigration to delve deeper into this issue. Kurzban is the best reference.

Good luck,
St4r

I need an official document/website which says that PERM can be applied anytime during the three years of J1 waiver (but adjustment of status will only occur after three years are fulfilled).

My human resource is claiming that I cannot apply even for PERM(labor certificate) before finishing three years of J1 waiver.

If any one knows any website where it clearly mentions about when to apply for perm, I wil appreciate.
PS: USCIS website doesnot specifically answer the above question.

 

[cerruti2827]

Thanks.
I think there is a little confusion here.

J 1 visa means that a physician is here as an 'exchange visitor' and have signed a letter stating that after finishing his training, he will return to home country for atleast 2 years.

In order to waive the 'two year home country' requirement, and continue to stay in US after finishing training, one has to obtain a J1 waiver- A physician who has obtained j1 waiver is now actually working on H1 B visa. The condition on J1 waiver is to work atleast 3 years in Health Professional Shortage areas before one can proceed with immigration.

H1B visa is dual intent visa. one can have immigration intent on H1B visa.

 

[st4rguitar]

I thought you mentioned you were on a J1 VISA not a J1 WAIVER. Sorry for the confusion. I've dealt with Engineers/Computer people on J1's only. I guess I cannot provide any input here. You should probably contact an attorney if you are that concerned about it.

Thanks.
I think there is a little confusion here.

J 1 visa means that a physician is here as an 'exchange visitor' and have signed a letter stating that after finishing his training, he will return to home country for atleast 2 years.

In order to waive the 'two year home country' requirement, and continue to stay in US after finishing training, one has to obtain a J1 waiver- A physician who has obtained j1 waiver is now actually working on H1 B visa. The condition on J1 waiver is to work atleast 3 years in Health Professional Shortage areas before one can proceed with immigration.

H1B visa is dual intent visa. one can have immigration intent on H1B visa.