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  1. #1
    Join Date
    Feb 2012
    Posts
    29

    Default Can You Apply for a J1 Visa when EB1A Pending

    Hi All,
    A quick question regarding my present situation. I did apply for EB1A (green card) about 3.5 months ago which is currently under review. Now I've been working as a Post Doc and my extended OPT is ending on 14th January. So, I wanted to apply for J1 in the mean time but our university international center is advising us that if I submit it now, then J1 would be denied because that's a non-immigration visa. But my understanding is that J1 takes about suppose 2 months to process and by then I probably will get the green card application outcome. So if green card is approved everything would be fine, and if not, then I'll still have the J1 pending. That way I would decrease the work authorization time lag.
    Please let me know your opinion. My boss agrees with the international center and is saying that we should wait until green card result is given.
    But to me, that's uncertain and we should proceed with J1, especially when I know I can't work beyond 14th January.
    Thanks for your time!

  2. #2
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: J1 Visa Application when Eb1a Pending

    Since, in spite of your extraordinary ability, you did not have the sense to present what the application is based on, no one can really comment about the likelihood of its success. As you failed to share why you feel a cultural exchange visa involving work in study, when you already claim to be an expert is appropriate.

  3. #3
    Join Date
    Feb 2012
    Posts
    29

    Default Re: J1 Visa Application when Eb1a Pending

    "you did not have the sense to present what the application is based on, no one can really comment about the likelihood of its success" - When did I ask for anybody's opinion/comment about 'success' of my EB1A petition in the first place?

  4. #4
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: J1 Visa Application when Eb1a Pending

    You are not a very sharp pencil are you? You can't be a chicken and an egg at the same time.

  5. #5
    Join Date
    Feb 2012
    Posts
    29

    Default Re: J1 Visa Application when Eb1a Pending

    Look Mr. Disagreeable, you don't need to be rude for no reason. What I asked in my first question, if you think you have an appropriate answer, shoot it clearly. If you wanna humiliate someone based on your 'judgement' I would say 'get a life'. You don't know me. Period. And so you don't have any authority to judge me (examples: 'in spite of your extraordinary ability, you did not have the sense', 'when you already claim to be an expert', 'You are not a very sharp pencil are you?'.
    I'm not gonna judge you whether or not this is your habit, however, not everyone may not be this calm and can get offended.
    I'm not an expert of law and all I asked if it's possible to submit J1 paperwork while EB1A is pending.
    Your last sentence "You can't be a chicken and an egg at the same time." would have been suffice in the first place.

  6. #6
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: J1 Visa Application when Eb1a Pending

    Quote Quoting abcxyz
    View Post
    So, I wanted to apply for J1 in the mean time but our university international center is advising us that if I submit it now, then J1 would be denied because that's a non-immigration visa.
    Right.
    Quote Quoting abcxyz
    But my understanding is that J1 takes about suppose 2 months to process and by then I probably will get the green card application outcome. So if green card is approved everything would be fine, and if not, then I'll still have the J1 pending. That way I would decrease the work authorization time lag.
    The problem is, you have unambiguously declared an intent to immigrate. The odds of a J1 application being approved under the circumstances are extremely low, even if the decision is made after a denial of your EB1A petition.
    Quote Quoting abcxyz
    View Post
    Look Mr. Disagreeable, you don't need to be rude for no reason.
    Being rude for no reason is sort of his 'thing'.
    Quote Quoting abcxyz
    ...all I asked if it's possible to submit J1 paperwork while EB1A is pending.
    It's possible, sure. All you have to do is mail in the paperwork and the fee. In my estimation it's not a good use of time and money, but it is possible.

  7. #7
    Join Date
    Feb 2012
    Posts
    29

    Default Re: J1 Visa Application when Eb1a Pending

    Thanks Mr. Knowitall. Got it! I guess, waiting for the EB1A decision would be better in my case then.

  8. #8
    Join Date
    Jan 2007
    Posts
    1,695

    Default Re: J1 Visa Application when Eb1a Pending

    OP, You are only a post doc. That means you have been unable to find a permanent or "real" job. Many Assistant Professors do not qualify for EB1.

  9. #9
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Can You Apply for a J1 Visa when EB1A Pending

    A Boy Scout could meet the criteria. Meeting the criteria to apply and having it granted are two different issues. "You may be eligible..." My wife meets more than 4 criteria.

  10. #10
    Join Date
    Feb 2012
    Posts
    29

    Default Re: Can You Apply for a J1 Visa when EB1A Pending

    T53147: I see what you're saying. However, I already submitted the application 3.5 months ago and there is no point of consulting any lawyer now as I'm expecting a decision sooner than later. If there is any deficiency in my application USCIS will notify me. Anyway, so 'up to 3 years' means I can take that 1 year H1B visa is possible?
    Mr. Disagreeable: Please convey my heartiest congratulations to your wife for meeting more than 4 criteria!
    By the way, I never said that I will have it granted, I said I can apply.

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