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Hi,
I am currently on J1 Visa (my dependents are on J2 dependent visa) with status - "BEARER is NOT subject to Section 212(E). My J1 visa is going to be expired on July 31, 2019. My current employer (non-profit organization) is going to convert my J1 visa to H1B visa, before the expiry of my J1 visa.
Simultaneously, I am thinking to apply for green card under EB1 (Alien of extraordinary ability). My immigration attorney has advise me that you should have a valid visa status while we process your green card application under EB1 category.
(1) My first question is to know your opinion --
(1.1) Should I start my EB1 application now?
OR
(1.2) Should I wait till I have H1B valid visa in hand. I am asking it because I have heard that there is a high H1B visa rejections nowadays. This may affect my greencard application status. OR Should I start processing my green card applications simultaneously as my current employer is a non-profit research organization and in past they never faced H1B rejection.
(2) My second question ---
(2.1) I am currently staying in USA with J1 visa. Do I have to go back to India for H1B visa stamping on passport after 31 July 2019, once my visa is transferred from J1 to H1B?
OR Should I continue working in USA without H1B visa stamp on my passport, given I will not travel outside of USA, untill I receive my greencard status.
I am bit new to all these terminology. So, Please feel free to correct me. and Let me know in case you have any additional questions to guide me better.
I am currently on J1 Visa (my dependents are on J2 dependent visa) with status - "BEARER is NOT subject to Section 212(E). My J1 visa is going to be expired on July 31, 2019. My current employer (non-profit organization) is going to convert my J1 visa to H1B visa, before the expiry of my J1 visa.
Simultaneously, I am thinking to apply for green card under EB1 (Alien of extraordinary ability). My immigration attorney has advise me that you should have a valid visa status while we process your green card application under EB1 category.
(1) My first question is to know your opinion --
(1.1) Should I start my EB1 application now?
OR
(1.2) Should I wait till I have H1B valid visa in hand. I am asking it because I have heard that there is a high H1B visa rejections nowadays. This may affect my greencard application status. OR Should I start processing my green card applications simultaneously as my current employer is a non-profit research organization and in past they never faced H1B rejection.
(2) My second question ---
(2.1) I am currently staying in USA with J1 visa. Do I have to go back to India for H1B visa stamping on passport after 31 July 2019, once my visa is transferred from J1 to H1B?
OR Should I continue working in USA without H1B visa stamp on my passport, given I will not travel outside of USA, untill I receive my greencard status.
I am bit new to all these terminology. So, Please feel free to correct me. and Let me know in case you have any additional questions to guide me better.
