H1b visa with approved I-140 to J1 visa

[Njoy M]

Hi,

I am currently a physician doing J1 waiver job in a medically undeserved area. I am currently on H1b visa and will complete my 3 years waiver requirement in July 2017.  My employer filed for I-140 for me and it is approved.  Being from India, filing for green card is like a marathon.

Meanwhile, I have a scope to pursue further education and do Fellowship. But the programs only support J1 visa.

My question is, Can I convert to J1 visa from H1b visa for fellowship?  I am willing to do another 3 years waiver afterwards if needed.

Sincerely,

Njoy M

[JoeF]

A J1 doesn't allow immigration intent.

The I-140 indicates that you have immigration intent, so it is unlikely a J1 would get approved.

[pontevecchio]

Discuss the matter with a lawyer. J1 does not allow for Immigrant Intent. Hence explain to the program director or have a lawyer explain to him if he is agreeable that you will have very little chance of getting a J1 visa or status and hence he should allow you as an exception to work in H1 status.