question for VectorP- J1 extension after max. reached

M

malkwan

Registered Users (C)
Hi VectorP, I saw in the past that you replied to a thread very close to my situation, so I hope you, or anybody else, could have some good advice for my case too. I will keep it as brief as I can:

- I will finish my 5 years of J1 visa in an university research lab on Oct.31, 2009.
- I cannot have a H1B because I don’t have a Bachelor’s degree.
- My visa says I’m not subject to the 2 years HRR but I know there is this bar period anyway
- My boss will move to another institution on next Sept. and he hopes I will be able to keep working with him because he said I’m an important part of the research project and we need to finish ongoing experiments for which I’ve been trained in these years, so hiring other persons will be problematic.
- in Oct. 2008 I asked the visa officer about applying for an H1B, she told me Yes and to come back this spring to begin the paperwork, I came back this May and after one month she told me that the university cannot sponsor an H1B for my position!

Now my questions are:

1) is there ANY way to avoid the bar period? am I entitled to get a further extension of my visa at least for 6 months, so I will have time to apply for a green card, claiming the above situation of my role in the lab, and the 8 months I wasted (also for the visa officer’s fault) since past Oct?

2) can I apply for a J1 waiver in my case?

3) is it possible for me to switch to another J1 program, and how?

4) what would you do for remaining in the US if you are in my same situation?

Thank you SO MUCH for any help you can give me.
 
malkwan said:
1) is there ANY way to avoid the bar period? am I entitled to get a further extension of my visa at least for 6 months, so I will have time to apply for a green card, claiming the above situation of my role in the lab, and the 8 months I wasted (also for the visa officer’s fault) since past Oct?

2) can I apply for a J1 waiver in my case?

3) is it possible for me to switch to another J1 program, and how?

4) what would you do for remaining in the US if you are in my same situation?

Thank you SO MUCH for any help you can give me.
Click to expand...

No way to avoid bar time if you will be sponsored another J
You can request extension for 6 months and usually it will be granted
With no bachelor degree, the maximum you can get in GC is EB3 with very long waiting list and if the place refuse to sponsor you H, GC may be impossible.
Do not forget that every one's work even who clean the place is important for the project but the qualification for GC is different (This is just general statement and has nothing to do with your specific role)
The waiver has no meaning for you: 1) you are not subject to the 2 year home country as you said, 2) the place will not sponsor you H which is the ultimate goal of waiver 3) which is very important, the waiver will prohibit any further J even after bar year, extension of the current J and even transfer to the new place.
You cannot switch to another J program even if you still have time left in the J, this is against the policy of J
If I am in your situation and want desperately to stay in US, I will try to fit myself under GC category e.g. family based by marriage USC, convince any H sponsor to sponsor me if I am qualified or join the army
 
It was really helpful your reply mmed, thanks a lot, now correct me if I’m wrong please, I’ve read that the 2-year bar doesn’t necessarily imply staying 2 years in my home country (as for the 2-year HRR of 212-e), it can be 2 years in another status, right? like the GC EB3 that you mentioned. now, if my current institution will not sponsor an EB3 for me, do you know if the new institution where my boss is going has the ability to do that? also do I have to go back in my country in order to obtain that type of green card?
 
malkwan said:
It was really helpful your reply mmed, thanks a lot, now correct me if I’m wrong please, I’ve read that the 2-year bar doesn’t necessarily imply staying 2 years in my home country (as for the 2-year HRR of 212-e), it can be 2 years in another status, right? like the GC EB3 that you mentioned. now, if my current institution will not sponsor an EB3 for me, do you know if the new institution where my boss is going has the ability to do that? also do I have to go back in my country in order to obtain that type of green card?
Click to expand...

The bar is a time interval between 2 successive Js. You do not need any minute bar if you are going to H, GC, .......etc.
The new institute, the old one does not matter, you need any place willing to sponsor you and at the same time you have the qualification for the category
(EB3 for example). The point is you need labor certificate (may take up to 2 years), you need GC petition and the most important you need visa number available to allow you to apply for adjustment of status which depends to your country of origin beside many other factors and the waiting time is years which will be more than the bar years themselves. Explore the subforum under GC application to learn more.
 
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