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J1 green card help

2020-03-22 08:14:02
4 341
Posted by Colleen 4 years ago
#1
Dear experts,
I hold a visitor J1 visa that will expire in March 2019. I consulted some lawyers about filing I-14o green card and also my need
to travel rather frequently (due to my work arrangement). My latest travel schedule is in mid-December and some laywers told me I have to wait for 90 days to file I-14o.
Some even said I can't file I-14o if I am on J1 and I need to get H1B. But if I have to wait for 90 days, I will run out of time (visa expires in March)!!
I really don't want to miss the oppounition to apply for green card this time. Is there a solution?
Posted by Pat 4 years ago
#2

to Colleen:

Things are usually more complicated with J visa. Is there any change that you can get a H-1B or O-1 visa? These visas do not prohibit immigrant intent, and you’ll have more freedom to travel with these visas during your GC application.
Posted by bigsnake440 4 years ago
#3

to Colleen:

If you choose immigrant visa processing over I-485, you do not have the issue of immigrant intent and waiting for 90 days. However, your J-1 is expiring soon. I think that you probably should focus on getting a nonimmigrant visa first to maintain your legal status in the US.
Posted by Tyler 4 years ago
#4

to Colleen:

Also, does your J1 have the 2 year home requirement? Unless you have a waiver you'll have to go home anyway. If you have to do the 2 year requirement, get a waiver ASAP. Though honestly I'm not sure if you can a get a waiver before your J1 expires at this point....
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