Complicated situation

[iamme]

Hi,

I am a postdoc on J-1 Visa.

My current J-1 is going to expire by August end and most probably I will get extension and so another J-1 (I will have around 2 years and 5 months left out of my 5 years after August end).

Now my problem is that I am looking for another job options as well that might get me into a scenario where I can get a job with H-1B. In addition, my spouse who is currently a postdoc on H1-B might apply for a green card as her PI is interested in her getting a green card.

In this regard my question is that I am thinking to start on getting my 3 clerance letters from India for getting no objection certificate. However, once I get the letters can I defer my final NOC application at Inidan embassy until my sitation demands so.

Thanks.

[t75]

You and your spouse need to consult an attorney for a review of both situations.  I suspect your spouse's PI has no idea of the GC requirements and post doc appointments are very short term.  If it is an employment based GC, there is no way to guarantee that a job will be available. If it is or EB1, it is even more important to consult an attorney for an evaluation.

[vasankg]

Hi,

I am a postdoc on J-1 Visa.

My current J-1 is going to expire by August end and most probably I will get extension and so another J-1 (I will have around 2 years and 5 months left out of my 5 years after August end).

Now my problem is that I am looking for another job options as well that might get me into a scenario where I can get a job with H-1B. In addition, my spouse who is currently a postdoc on H1-B might apply for a green card as her PI is interested in her getting a green card.

In this regard my question is that I am thinking to start on getting my 3 clerance letters from India for getting no objection certificate. However, once I get the letters can I defer my final NOC application at Inidan embassy until my sitation demands so.

Thanks.

Yes, you can get the 3 NORIs from India and start the waiver application process whenever you want. Many J-1 holders first get these clearences as they can take longer time. One thing you must keep in mind that once you submit the waiver application to the DOS, then you can no longer get an extention. See all J-1 waiver threads so that you get an idea. Hope this helps!