I am currently in J-1 status and subject to the two-year home country residence requirement. If I apply for a NIW and get it approved, is my J-1 home country requirement waived?
No, a J-1 waiver and a NIW are two different things. A J-1 waiver is an application to waive the two-year home country residency requirement. A NIW is an immigration petition. Even if your NIW is approved, you are still subject to the two-year requirement. You need to either obtain a J-1 waiver or satisfy it before you may adjust your status to a permanent resident. Q. I am in J-1 visa, and I just filed I-140 NIW petition to USCIS. If it is approved, can I file I-485 with J-1 visa also? Since I-485 application takes long time, I will probably be able to get J-1 waiver by this time. A: First, you have to get the approval of the I-140 NIW petition. Then you can go ahead to work on the I-485. Let’s assume that you have had the approval of I-140 NIW. Now you have to get the J-1 waiver before you can file the I-485. So you can not file I-485 application first, and wait for the approval of J-1 waiver later. Q. Can I carry over I-140 approval from one company to another i.e. I don’t have to f
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- I am currently in J-1 status and subject to the two-year home country residence requirement. If I apply for an EB-1(a) and get it approved, is my J-1 home country requirement waived?
- I am currently in J-1 status and subject to the two-year home country residence requirement. If I apply for an EB-1 and get it approved, is my J-1 home country requirement waived?
- I am currently in J-1 status and subject to the two-year home country residence requirement. If I apply for a NIW and get it approved, is my J-1 home country requirement waived?
