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My B1/B2 was cancelled because I earned income in the US while living in my home country. What are my chances applying for a J-1

Boca Raton, FL |

I would travel to and from my home country to do speaking/training engagements. I was compensated and bought a car in the US. They cancelled my B1/B2 because I abused it and now I would like to continue where I left off a year ago but do it right this time. I'm in the process of getting my bachelors degree and will apply for a H-1B visa in 2014 but Do you think I could get a J-1 Visa in the meantime so I can train to better my career while schooling for the Bachelors which will help me obtain the H1-B?

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Attorney answers 5

Posted

Your prior violation of your B-1/B-2 will be an ongoing problem. The J is for training and has the same non-immigrant intent requirements as apply to the B. Although your chances look slim, you can go ahead and try to find a J sponsor: http://j1visa.state.gov/participants/how-to-apply/sponsor-search/

FORMER IMMIGRATION LAW PROFESSOR -- LEGAL DISCLAIMER: This answer is offered for informational purposes only. It does not constitute an attorney-client relationship.

Asker

Posted

What about the H1-B visa with the same company I earned income with? Also would it help or hurt that the J-1 Visa is also with the same company?

F. J. Capriotti III

F. J. Capriotti III

Posted

Are you trying to use a J visa to get around the H-1B visa 'cap'? If so, don't even think of doing such a thing. You were caught once breaking/bending the law ... if you get caught again you could be barred from the US forever. Be patient and wait your turn in line.

Asker

Posted

No I'm not and won't ever do such a thing. I honestly thought I was ok on the B1/B2 for speaking engagements because the B2 say travel for business. I have since started a company here in my home country and the training and experience from the US would be a major help in the meantime. I would like to eventually get a H1-B visa. I would like your input Mr. Capriotti III

F. J. Capriotti III

F. J. Capriotti III

Posted

Good, I'm glad that you're not interested in playing games with our visa system. The B-1, not the B-2, is a business 'visitor' visa. Speaking engagements have special limitations, which I assume you now know about ... and which resulted in your visa being cancelled. Do you have an ownership interest in the prospective H-1B company? If so, don't do it. It still seems like you will have a hard time getting a J. Again, consider contacting one of the J program sponsors that can be found on the link I gave you (above.)

F. J. Capriotti III

F. J. Capriotti III

Posted

_______________________________________________________________________________________ Franco Capriotti - Senior Legal Counsel & Former Professor of Immigration Law - Capriotti International Law - franco@capriotti.com Our services are not limited by State, nor International bounderies. Our licenses allow us to represent people worldwide. _______________________________________________________________________________________ Do not rely completely on information you get on any website. It is always wise to consult personally with an immigration attorney before taking action. Consider contacting one of the attorneys on Avvo, or www.ailalawyer.com NOTE: If you are low income go here: www.justice.gov/eoir/probono/states.htm or http://www.immigrationlawhelp.org/ _____________________________________________________________________________________ Capriotti International Law www.capriotti.com franco@capriotti.com SKYPE AVAILABLE

Asker

Posted

No I don't have an ownership in the sponsoring company for the H1-B visa. What would your advise be on a scale of 1-10 to apply and get the H1-B versus the J?

F. J. Capriotti III

F. J. Capriotti III

Posted

I can not comment on your ability to qualify for the J, nor the H. But, assuming that you qualify for both, the H is a better visa for working in the US.

Asker

Posted

Thank You Mr. Capriotti

Posted

Your chances of obtaining an J-1 visa are slim and none due to your previous violation.

(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

Asker

Posted

What about the H1-B visa with the same company I earned income with? Also would it help or hurt that the J-1 Visa is also with the same company?

Posted

Basically no chance because of the prior violation.

The answer provided here is general in nature and does not take into account other factors that may need to be reviewed for a more precise answer. You should consult with an immigration attorney before taking any action. The answer here is not intended to create an attorney-client relationship.

Asker

Posted

What about the H1-B visa with the same company I earned income with? Also would it help or hurt that the J-1 Visa is also with the same company?

Posted

I agree with my esteemed colleague.

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Posted

I would say the likelihood of your obtaining a new visa in any category is poor. This is because it appears that the government took the position that you gained entry into the United States by fraud (i.e. misrepresenting your intent) as you admitted that you "abused" your visa. A finding of fraud renders one permanently inadmissible, though waivers are sometimes available

You need to consult with an experienced immigration attorney who can review the specific facts of your case, advise you of the options available, and recommend how best to proceed.

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Jeffrey A. Devore, Esq.
Board Certified Immigration Attorney
Devore Law Group, P.A.
2925 PGA Blvd., Suite 204
Palm Beach Gardens, FL 33410
Telephone: (561) 478-5353
Facsimile: (561) 478-2144
Skype: jeffrey.a.devore
email: jdevore@devorelawgroup.com
web: www.devorelawgroup.com