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  1. #11
    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.

  2. #12
    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.

  3. #13
    Join Date
    Feb 2012
    Posts
    29

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

    Alright. Here is an update. I submitted the original self-petition of EB1-A (Extraordinary Ability) on 21st August and according to USCIS website they usually take 4 months to give applicants the verdict on this category (EB1-A). However, during last week of December, after Christmas, I noticed that they were about 2 months late of their usual timings according to their updated processing time on EB1-A category. As my work authorization/F1-visa was approaching expiration (January 14, 2014) I figured that in order to have the verdict I have to pay for the 'Premium processing fee' of $1225 so that USCIS is forced to pick up my application before others who hasn't paid for expedite service. So I paid $1225 on 27th December and on 2nd January USCIS sent me 'Request for evidence' or RFE. I received their correspondence in few days by mail and the immigration officer specifically pointed out that out of 10 criteria I successfully met 2 and 2 others I listed resulted in 'lack of evidence'. So immigration officer asked me to gather more solid evidence accordingly and send them back by March 24th. They need minimum 3 criteria for eligibility, however, they also mentioned in that mail that just meeting 3 criteria doesn't mean that I would be approved but just qualified. Anyway, I submitted more paperwork with more objective evidence along with support letters (before I sent 10 recommendation letters, later I sent 9 more). I have received 19 support letters from 14 institutions and journals and all of the letters were originated from across the World: US, Brazil, Canada, Italy, Spain, Norway, and Germany. The support letters were given by professors, journal editors and researchers, many of them never even saw me once but knew me from my work. Anyway, I sent them back everything on 15th January. After they received it I did not hear back anything for about a week. So, I called Nebraska Service Center using the phone line they established for premium processing service. So, eventually this immigration officer picked up the phone and after getting the case number he asked me to wait for few minutes. Then he came back and said that they are still reviewing my credentials and will give a decision soon. That very night I received email stating that EB1-A got approved! Received their approval notice I-797 yesterday by mail.

    Now, I'm working on to do the rest of the processes (change of status: I-485, etc.). However, some questions. If my wife is not available to do the biometrics and medical exam with me at this point, can I still just go ahead do for myself? Can I add her later after I receive the green card? And, if I can add her later as derivative/spouse, do I need to pay extra $1070 for her change of status application and biometrics?

    Any idea anyone? Thanks in advance for your time to read this long post!

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