Green card in the category EB1

This is a discussion on Green card in the category EB1 within the Green Card Issues forum, part of the Naturalization & Citizenship category; Is it more difficult to get a green card in the category EB1 ("foreign nationals that are outstanding professors or ...

Consult Your Own Personal Lawyer Now!
Reply

 

Thread Tools Search this Thread Rate Thread Display Modes
Old Jul 24th, 2008, 11:02 AM   #1
Unregistered
Guest
 

Unregistered's Avatar
 
Posts: n/a

Default Green card in the category EB1

Is it more difficult to get a green card in the category EB1 ("foreign nationals that are outstanding professors or researchers") when holding a J1 visa versus an H1B visa?

I am currently on an H1B visa but consider changing to J1 (because I am no longer an employee of the University I work at but privately sponsored). Down the line I want to apply for a green card and wonder if this move would affect my chances. Thanks.
  Reply With Quote
Old Jul 24th, 2008, 12:53 PM   #2
Unregistered
Guest
 

Unregistered's Avatar
 
Posts: n/a

Default Re: Green card in the category EB1

First, keep in mind that the EB-1 outstanding professor/researcher category is fairly difficult to qualify for to begin with. However, I shall assume that
you have the level of international recognition of your work that would be required.

The issue that arises with the J-1 is not at the EB-1 petition stage but at the I-485 adjustment of status stage. Some J-1's are subject to 212(e), the two-year home residence requirement. After completing their J-1 program in the U.S., they must spend two years in their home country before they are eligible to apply for a green card, including an EB-1 green card.

Therefore, if you wish to get a green card later and are considering switching to J-1 now, make sure that the J-1 program will NOT subject you to the 212(e) two-year home residence requirement.
  Reply With Quote
Reply

Bookmark & Share

Tags
None

This thread has 1 reply and has been viewed 1613 times

Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes Rate This Thread
Rate This Thread:

| More

Posting Rules
You may post new threads
You may post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off

Format Your Messages
Add Forum to Google Toolbar
Forum Jump

Similar Threads

Thread Thread Starter Forum Replies Last Post
How long does it take to have a green card when marry a green card holder. lamnguyen Family-Sponsored Visas 2 Aug 17th, 2009 03:07 PM
green card Unregistered Green Card Issues 0 May 22nd, 2009 01:27 PM
Is my green card valid and can I go back to the US on that card? Unregistered Naturalization & Citizenship 4 May 7th, 2009 09:24 PM
I lost my social security card and my green card Unregistered Green Card Issues 6 Jan 22nd, 2009 05:27 PM
Green Card laplace Deportation & Removal Issues 0 May 7th, 2008 06:00 AM


International Law Issues?


All times are GMT -5. The time now is 12:58 AM.