J1 to Green card

Old May 24th 2014, 1:41 pm
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Default J1 to Green card

I have a rather interesting question/dilemma.

I've got a job offer from the US based company. Due to the fact that H1B is not available anymore this year the company plans to bring me on J1 visa as an intern. And switch to H1B once they become available next year.

I would like the company to apply for an employment based GC via either EB1 or EB2 while I'm still on J1. Will there be any problems with the fact that I hired as intern ? Both EB1 and EB2 imply you have extensive experience in the field of your work.
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Old May 26th 2014, 8:22 pm
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Default Re: J1 to Green card

From what I've read on internet J1 is non-immigration visa, so applying for a EBGC is theoretically prohibited. But from what I understand only the US embassy and the border patrol consider this as a violation.

USIC will do the AOS anyway, right ?
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Old May 26th 2014, 8:40 pm
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Default Re: J1 to Green card

Originally Posted by jodvova View Post
From what I've read on internet J1 is non-immigration visa, so applying for a EBGC is theoretically prohibited. But from what I understand only the US embassy and the border patrol consider this as a violation.

USIC will do the AOS anyway, right ?
They're going to look very suspiciously at an intern who suddenly applies for the visa for nobel winners, or people with international reputations in their field.
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Old May 26th 2014, 8:40 pm
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Default Re: J1 to Green card

Originally Posted by jodvova View Post
From what I've read on internet J1 is non-immigration visa, so applying for a EBGC is theoretically prohibited.
The H-1B, L-1B, and E-3 are also non-immigrant visas - and yet getting a GC from any of them is not prohibited at all. This leads me to suggest that "non-immigrant visa" isn't the correct search term you should be using in your research.

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Old May 26th 2014, 8:41 pm
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Default Re: J1 to Green card

Originally Posted by ian-mstm View Post
The H-1B, L-1B, and E-3 are also non-immigrant visas - and yet getting a GC from any of them is not prohibited at all. This leads me to suggest that "non-immigrant visa" isn't the correct search term you should be using in your research.

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Sorry, meant to say a non-dual-intent visa.
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Old May 26th 2014, 8:43 pm
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Default Re: J1 to Green card

Originally Posted by jodvova View Post
Sorry, meant to say a non-dual-intent visa.
Almost all visas allow for dual intent - whether specifically mentioned or not.

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Old May 26th 2014, 8:48 pm
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Default Re: J1 to Green card

Originally Posted by ian-mstm View Post
Almost all visas allow for dual intent - whether specifically mentioned or not.

Ian
So, if I search the internet, obviously I see success stories of people moving from J1 to GC.

I also do see experiences where people who had done that switch had troubles with J1 extension.

I also see experiences where immigration lawyers don't even bother applying for EBGC if a person is on J1 visa (arguing that this is illegal, as J1 is strictly non-immigrant visa) A switch to H1B is ok, but not GC.


What term should I be using in my research then ?

Last edited by jodvova; May 26th 2014 at 8:54 pm.
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Old May 26th 2014, 9:05 pm
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Default Re: J1 to Green card

Originally Posted by jodvova View Post
So, if I search the internet, obviously I see success stories of people moving from J1 to GC.

I also do see experiences where people who had done that switch had troubles with J1 extension.
As with all things, there are those who are successful and those who aren't. I've no idea where you will fall on that continuum. Besides, if someone makes the move from J-1 to GC, why would they then need a J-1 extension?


I also see experiences where immigration lawyers don't even bother applying for EBGC if a person is on J1 visa (arguing that this is illegal, as J1 is strictly non-immigrant visa)
Any lawyer who makes that assertion is an idiot... because it is simply not true. Those who listen to such attorneys are themselves, by extension, also idiots for not doing sufficient research.


What term should I be using in my research then ?
You've already remarked that you "see success stories of people moving from J1 to GC"... so I'm not sure what else you might want to know.

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Old May 27th 2014, 9:33 pm
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Default Re: J1 to Green card

I did J1 -> H1B -> GC(EB2) and it all went fine.

I was brought over on the J1, then my company applied for the H1B and GC at the same time, just in case I needed the H1B for a while when my J1 ran out. As it turned out, this was a good move because I did need it for a few months.
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Old May 27th 2014, 9:36 pm
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Default Re: J1 to Green card

Originally Posted by dek View Post
I did J1 -> H1B -> GC(EB2) and it all went fine.

I was brought over on the J1, then my company applied for the H1B and GC at the same time, just in case I needed the H1B for a while when my J1 ran out. As it turned out, this was a good move because I did need it for a few months.
Thanks for sharing!

After your J1 ran out, had you traveled outside the US ?
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Old May 27th 2014, 9:40 pm
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Default Re: J1 to Green card

Originally Posted by jodvova View Post
Thanks for sharing!

After your J1 ran out, had you traveled outside the US ?
No. I was specifically told to stay inside the US until it was all sorted out to avoid any complications.
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Old May 27th 2014, 9:46 pm
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Default Re: J1 to Green card

Originally Posted by dek View Post
No. I was specifically told to stay inside the US until it was all sorted out to avoid any complications.
Do you know, whether you can travel on advanced parole or do you need to wait until the plastic is on your hands ?
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Old May 27th 2014, 9:47 pm
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Default Re: J1 to Green card

Originally Posted by jodvova View Post
Do you know, whether you can travel on advanced parole or do you need to wait until the plastic is on your hands ?
No idea. That would be a question for your company lawyers.
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Old Jun 7th 2014, 11:15 am
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Default Re: J1 to Green card

Hi all, again!

So, I've had a couple of talks with the company and looks like we've agreed on the process. They will bring me on J-1 and after 3-6 months of successful employment they will start EBGC application via EB-2.

I've asked them to put this plan in writing, either in the offer letter or simply in the email. What I want is to have "3-6 months" documented so I don't run in the situation where after this period of my employment they say we will start the process later.

The company is adamant and doesn't want to put exact dates in writing. They said it's not something they typically do or comfortable with. The only thing they are happy with is to confirm in writing that they will sponsor me for a green card during my employment at the company. Basically it's vague, it can be after 3 months or after 2 years.

My biggest worry is that J-1 only valid for 18 months. Theoretically I can switch to H1B when it opens, but then my wife won't be able to work in the US (she will have EAD on J-2 or with pending I-485).


So the question, is it normal/common to have exact dates of GC sponsorship written in the offer letter / the contract / email ?

Or am I being paranoid too much ?

Last edited by jodvova; Jun 7th 2014 at 11:18 am.
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Old Jun 7th 2014, 2:31 pm
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Default Re: J1 to Green card

People ask for it all the time, for example, 'after one year' or similar - since a vague promise is not really a promise at all.

Personally I'd walk if they refused to put any specific timeframe.
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