J1 Visa with I-140 Approved

[ViewSonic]

Hi,

 

I am working at a higher ed institution on J1 Visa (not sujected to 2 year residency). Currenly I have an approved 1-140 through my institution but I cannot apply for I-485 because my PD is not current (EB-3 ROW). I was informed that my institution won't be switching my J1 to H1b because of resource constraints. My question is, is it safe for me to leave the US to visit my family? I will need to go to a US Embassy for visa stamping to get back to the US. Will they disapproved? How choices do I have?

 

Experts please advice.

 

Thanks much.

[pontevecchio]

It depends on when your J1 petition expires? Also if they want to be cheap now how are they going to pay your salary once the dates are current and you adjust status? Talk to a Lawyer in any case.