Jump to content
r0ck_s0lid

Urgent help plz: Can I apply J1 Visa while my green card is getting processed by NVC?

5 posts in this topic

Recommended Posts

I'm a medical graduate applying for medical residency in the US in September 2015, and in case I get accepted a medical residency program will sponsor me for a J1 visa in March 2016 - the thing is that, my parents, who are US citizens, have petitioned my green card, and now my documents are getting processed in the NVC. From my PD (category F1) you can tell that I was expecting to become current this month, but assuming a worst case scenario and saying there was a retrogression in the coming months which would prevent me from obtaining my GC by March 2016 . Will applying for a J1 visa and having J1 status, cause any disadvantage on the green card processing, or getting permanent immigrant status granted. Am I even eligible for a J1 with a GC being processed by the NVC??


PD 1 Aug 2007

Share this post


Link to post
Share on other sites

A pending immigration and a non-immigrant visa are kind of contradictory, don't waste money.


N400

12/06/2014: Package filed

12/31/2014: Fingerprinted

02/06/2015: In-Line for Interview

04/15/2015: Passed Interview

05/05/2015: Oath letter was sent

05/22/2015: Oath Ceremony

Share this post


Link to post
Share on other sites

You don't need your green card by 3/2016, you need it by 7/1/2016, so that gives you some time. Applying to a J1 as an alien physician engaged in graduate medical education WILL place you under the curse of the 2 year home residency (2yr HRR) requirement You will not be allowed to adjust your status until your 2 yr HRR is fulfilled by going back to your home country, or by asking for a waiver of the requirement. Waiving the 2 yr HRR is a pain in the butt, and the options are working in undeserved area, working for a government agency, or getting an exceptional hardship for your U.S. citizen spouse or child or a persecution waiver for your self.

Finally, this may all be moot, because if you are in the process of adjusting your status to permanent resident ( or if you are outside the US, consular processing), there is a strong chance you will be denied a J1 visa, because you will not be able to prove that you are not intending to immigrate to the U.S. at the time of your J1 application.

Your best bet is if you get a residency, to try and convince your program to sponsor you for an H1B visa if there were significant delays in your green card.

Edited by medicalguy

N-400 Naturalization acpplication

 

 

9/9/2018: 90 day window early application opened. (3 year rule)

9/9/2018: N-400 Application submitted ONLINE. Estimated case completion: November 2019 (14 months).

9/10/2018: NOA

9/15/2018:Scheduled for Biometrics appointment. Scheduled for 10/1/2018

10/1/2018: Biometrics completed. 

 

AOS / AP / EAD

 

7/22/2015: Mailed I-130, I-485, I-131, I-765

7/28/2015: Received electronic notification that USCIS has received my case and they are forwarding it to national benefits center.

8/1/2015: Received Hard copy of NOA of all 4 forms by mail.

8/6/2015: Received Biometrics appointment in mail, date 8/20

8/20/2015: Biometrics completed.

8/31/2015: Case updated to Interview scheduled for 10/1/2015

9/1/2015: Received interview letter hardcopy by mail

9/28/2015: EAD / AP Card in production

10/1/2015: Interview completed, unfortunately will need further review...

10/3/2015: Recieved EAD / AP combo card in mail

11/16/2015: Completed first Infopass. J1 file still pending from DOS

12/9/2015: I485 / I130 approved. I-485 updated to "New Card is being produced"!!!

12/14/2015: Received I130/I485 approval / Welcome letter

12/15/2015: Received Green Card in mail!!!!

 

J1 Exceptional Hardship Waiver Timeline:

 

12/18/2014: Form DS-3035 was received by the DOS

11/2014-2/2015: We collected letters of support from Family

2/15/2015: Last DS-2019 was received.

2/27/2015: Sent I-612 + Affidavit and supporting documents (This was sent to California Service Center)

3/4/2015: USCIS received I-612 and sent Form I-797C notice of action in mail which I received later on.

4/9/2015: USCIS requested another non-USCIS advisory opinion for Form I-612

4/14/2015: From I-612 and I-613 were received by the DOS

5/6/2015: DOS: Post input: received,

6/27/2015: DOS decision turned to Favorable recommendation, Recommendation sent on 6/26

7/2/2015: USCIS approved I-612 application online

7/9/2015: Received Hard copy approval in mail

Share this post


Link to post
Share on other sites

So then, the chances of applying for J1 with an approved I130 and a couple years wait, is not worth it then?

I myself am curious, if I should try and apply for a J1 visa for an 18 month trainee program.


*** Father Immigrated with 9 y/o sister in 2009

  • I-130 - sent to USCIS October 2010
  • NVC approved Nov 28, 2010
  • RFE received May 14, 2014
  • RFE returned with DNA test July 28, 2014
  • I-130 approval letter received August 18, 2014
  • NVC received package October 31, 2014
  • Welcome letter received Feb 22, 2016
  • Choice of agent selected, AOS bill / IV bill paid March 27, 2016
  • Sent in supporting docs, August 11, 2016

*** Father became naturalized Citizen in November 2016, sent in opt-out request, received Nov. 2016

  • Case complete Nov 11, 2016
  • Interview Package received May 5, 2017
  • Medical done May 17 ,2017
  • Interview done June 2, 2017
  • Passport received June 8, 2017
  • POE - June 22, 2017
  • SSN to be changed - 
  • GC/I-551 received - July 15, 2017

Share this post


Link to post
Share on other sites

So then, the chances of applying for J1 with an approved I130 and a couple years wait, is not worth it then?

I myself am curious, if I should try and apply for a J1 visa for an 18 month trainee program.

You cannot adjust your status to a green card once you get a J1 for medical residency / training. Once you are done with your training, you have to go back to home country for 2 years or get a waiver. A waiver after medical training can only be interested government agency, working in underserved area, or getting a hardship waiver if you have a us citizen child or spouse.

Whatever it is, waivers are tough.

Edited by medicalguy

N-400 Naturalization acpplication

 

 

9/9/2018: 90 day window early application opened. (3 year rule)

9/9/2018: N-400 Application submitted ONLINE. Estimated case completion: November 2019 (14 months).

9/10/2018: NOA

9/15/2018:Scheduled for Biometrics appointment. Scheduled for 10/1/2018

10/1/2018: Biometrics completed. 

 

AOS / AP / EAD

 

7/22/2015: Mailed I-130, I-485, I-131, I-765

7/28/2015: Received electronic notification that USCIS has received my case and they are forwarding it to national benefits center.

8/1/2015: Received Hard copy of NOA of all 4 forms by mail.

8/6/2015: Received Biometrics appointment in mail, date 8/20

8/20/2015: Biometrics completed.

8/31/2015: Case updated to Interview scheduled for 10/1/2015

9/1/2015: Received interview letter hardcopy by mail

9/28/2015: EAD / AP Card in production

10/1/2015: Interview completed, unfortunately will need further review...

10/3/2015: Recieved EAD / AP combo card in mail

11/16/2015: Completed first Infopass. J1 file still pending from DOS

12/9/2015: I485 / I130 approved. I-485 updated to "New Card is being produced"!!!

12/14/2015: Received I130/I485 approval / Welcome letter

12/15/2015: Received Green Card in mail!!!!

 

J1 Exceptional Hardship Waiver Timeline:

 

12/18/2014: Form DS-3035 was received by the DOS

11/2014-2/2015: We collected letters of support from Family

2/15/2015: Last DS-2019 was received.

2/27/2015: Sent I-612 + Affidavit and supporting documents (This was sent to California Service Center)

3/4/2015: USCIS received I-612 and sent Form I-797C notice of action in mail which I received later on.

4/9/2015: USCIS requested another non-USCIS advisory opinion for Form I-612

4/14/2015: From I-612 and I-613 were received by the DOS

5/6/2015: DOS: Post input: received,

6/27/2015: DOS decision turned to Favorable recommendation, Recommendation sent on 6/26

7/2/2015: USCIS approved I-612 application online

7/9/2015: Received Hard copy approval in mail

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×