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Immigration Issues/h1b to niw petition to J1

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Question
Question is still complex? My friend is on H1b visa 4th year. He has applied for NIW EB2 for exceptional ability petition i 140 and i 485 concurrently. Lets see if his petition is denied and since he has maintained his H1b status, can he change to J1 status in the future coz his 6 year will be finished and job will only sponsor J1 visa because of the training kind of job. In simple words, i have heard , if some one has filed ever any immigrant petition in the past no matter it got rejected still a person can not convert to J1 status from H1b status even if he has maintained it.

Answer
Hi,

As the J visa category (along with B visitor and F student) visa categories does not allow for intention to immigrate to the U.S., the filing of an immigrant petition (such as I-140 or I-130 or I-360) will result in denial of the application to change status to J1 by the USCIS.

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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