I've J1 visa with two years contraint, could I get H1B visa under EB3 basis?

Asked over 1 year ago - Blacksburg, VA

I don't think that I would get a "No Objection" waiver now. Is there other way to stay and work in US?

Attorney answers (3)

  1. Carl Michael Shusterman

    Pro

    Contributor Level 20

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    Answered . You cannot qualify for either an H-1B visa or a green card without getting a J waiver. However, there may be other alternatives for you if you qualify. For instance, an O-1 visa or an F-1 visa or an E-2 visa.

    Please click the link at the very bottom for additional information.

    ---------
    Carl Shusterman, Esq.
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    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. Haroen Calehr

    Pro

    Contributor Level 17

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    Answered . EB-3 and H-1B are different. EB-3 is an immigrant visa and no you cannot adjust when you have the 2 year home rule unless you obtain a waiver from the US State Department. Yes you can change status to H-1B from J-1 if you have the 2 year home rule, since this is another non-immigrant status but later you cannot than apply for EB-3 unless you obtain waiver or go home for 2 years.

  3. Ian Edmund Scott

    Contributor Level 12

    1

    Lawyer agrees

    Answered . Not clear on the question..steps would be J1 to H1B to EB3.

    The content of this answer has been prepared by Scott Legal Services, P.C. for general informational purposes only.... more

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