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Anais

EB1 status and J1 waiver

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Greetings!

I am a specialist on J1 visa with 2 year homestay requirement, also a Canadian citizen. 

I was offered a job at the academic institution. 

According to the immigration department there, I can either switch to H1 status (because of my Canadian citizenship) or get an O visa. Next step would be to apply for EB1 category and get a green card.

They claim that approval for EB1 is a "waiver" for the 2 year homestay requirement....

One of the physician who practiced there told me he switched from J1 (with 2 year) to O, to EB1 and he got a green card after that. He claims he never applied for a waiver, or left USA.

However, this is not correct in accordance to information I read before, that you still need J1 visa waiver, even if you EB1 is approved.

 

Please advise, it would be very much appreciated. Thank you)

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