RBVG Posted November 26, 2018 Report Share Posted November 26, 2018 Hi, I am a Physician, currently on H1B. This is my 7th year on H1B. I have an approved I140 ( Both NIW and Employer-based) with a priority date in 2016. I got into fellowship starting in July 2019. The University does not support H1B petition and requires me to convert to J1 Visa. My Questions are 1) How does my immigration petition ( I140) will be affected by this conversion? 2) Can I transfer to H1B visa after my fellowship for 3 years with the J1 Visa? Thank you and hope to get some valuable input. Link to comment
JoeF Posted November 26, 2018 Report Share Posted November 26, 2018 You have shown immigration intent with the I-140. That makes it pretty much impossible to get a J1, which doesn't allow immigration intent. Link to comment
pontevecchio Posted November 26, 2018 Report Share Posted November 26, 2018 The problem is J1 does not allow for Immigrant Intent and in any case you could be subject to the 2 year HRR rule in future before being able to adjust status unless you get a waiver. You should still keep a lawyer in the loop and also consider the possibility of using the O1 visa instead of the J1. I assume the GC sponsor is not the university where you will be doing the fellowship?. Link to comment
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