mikec81

I haven't posted for quite a while, but I thought I might be able to offer some advice to anyone looking to apply for a greencard from the J visa. I remember looking for information on the process, or for people with experience of the process, and struggled to find anyone.

In short, we just received our greencards after an application process of about a year, and after being on the J visa for the past 6 years. It's a complicated and tiring process, so I just wanted to offer my help to anyone going through anything similar.

Michael

Noorah101

I didn't think it was possible to go directly from a J visa to a green card. There's no basis for filing AOS if you're only on a J visa.

Wasn't there a step in between where you had to get employed (on some sort of work visa), and then the employer sponsored your green card?

Or perhaps your spouse is a USC and you filed AOS based on that?

Can you explain the process in more detail?

Rene

mikec81

You are right, of course. I just didn't want to get too involved in the opening post.

My wife transfered to the H1-B and me to the H4. We then applied for the greencard and my work authorization at the same time. I was able to return to work about two months or so after the application was submitted.

The application itself was not employer sponsored. Based on her qualifications, our attorney believed that the National Interest Waiver application was the most appropriate, and she turned out to be correct. Incidentally, I would highly recommend our attorney to anyone looking for an immigration attorney in Northern California.

Basically, we are both English, came here on J visas, transfered to H visas, and now have our greencards.

Noorah101

Reading through your past posts, it does indeed seem there was an H1B step in between the J-1 and the Green Card. Your thread title is misleading. I corrected it for clarity, and for those browsing this forum.

Rene

Noorah101

Thanks, and congratulations!

Rene

Brat1

So, am I reading this correctly?? When you transferred to an H4, how could you return to work within 2 months on that status?? I'm confused, I thought you could only get work authorization when a visa number became current, but I am probably wrong.

AdobePinon

NIW can be quite speedy if all the paperwork is in order.

Brat1

Aahhh, gotcha! Just looked up the NIW and have a much clearer understanding of what is involved, thanks for that.

henryh

Hi Mike, could you post or PM me the name and/or contact details of that lawyer? I have a couple of friends in similar situations looking for a good attorney with NIW experience.

Thanks, Henry

mikec81

When you apply based on the NIW, the H4 holder is able to apply for the work authorization while the NIW application is pending. Definitely a lot better than some of the alternative applications. USCIS took 7 months to approve the application, and the work authorization took 2 months, so I was able to work during that 5 month gap.

hobbes79

I did a similar trick, though my path was:

J1 -> H1B -> married a USC -> Marriage based Greencard

The H1B sponsorship was a discussed option with my employer, but the ring on my left hand made life easier, so my company at the time dealt with any legal fees for a marriage based greencard instead

Became a USC last year, just to finish it all up

Congrats to you by the way!

Brat1

Yeah, I get it now Mike, I didn't understand the NIW thing, congratulations btw!!

dreamercon

Well, adjustment of status to permanent resident is always independent of your present status - is (usually) requires an approved immigrant petition, and an immigrant petition has no requirements as to your present status in the US. Its possible to adjust from a J visa to a green card, whether employment or family based, if you otherwise meet the requirements.

Steve_

Past tense, apparently: http://www.hooyou.com/niw/News&Artic...t05112010.html