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Where to submit EB1-1
- Thread starter LeTu
- Start date
nightsman is correct.
You can apply for your I-140 (EB-1) any time you want, but you have to be aware of how that will impact your J visa status as I indicated above. But if you want to adjust your status to permanent resident after your I-140 (EB-1) gets approved, you have to make sure you are not subject to the two year home residency requirement, which many J visa holders are. If you are subject, you have to go through a separate procedure to obtain a waiver of your 2-year home residency requirement (also known as 212(e) - check the visa stamp and/or your DS-2019 to see if it applies). Once you get this waiver approved, only then can you apply for your I-485 adjustment of status application, or an H-1B status if you prefer.
If you apply only for your I-140 (EB-1) petition, this will not confer any new status on you in the US. So if your J status expires and you don't have your J-1 waiver which will enable you to change your status, you may have to leave the country. So be aware of all your options before you proceed. How long is your current DS-2019 valid for? That will be a major factor in deciding how to proceed...
You can apply for your I-140 (EB-1) any time you want, but you have to be aware of how that will impact your J visa status as I indicated above. But if you want to adjust your status to permanent resident after your I-140 (EB-1) gets approved, you have to make sure you are not subject to the two year home residency requirement, which many J visa holders are. If you are subject, you have to go through a separate procedure to obtain a waiver of your 2-year home residency requirement (also known as 212(e) - check the visa stamp and/or your DS-2019 to see if it applies). Once you get this waiver approved, only then can you apply for your I-485 adjustment of status application, or an H-1B status if you prefer.
If you apply only for your I-140 (EB-1) petition, this will not confer any new status on you in the US. So if your J status expires and you don't have your J-1 waiver which will enable you to change your status, you may have to leave the country. So be aware of all your options before you proceed. How long is your current DS-2019 valid for? That will be a major factor in deciding how to proceed...
H-1B is possible if you have a sponsor at a university or other non-profit institution. If your sponsor is a company, then you'll have to go through a lottery and may or may not obtain an H-1B. If you do, it's always preferable and safer than most other non-immigrant statuses, including J status.