Immigration Issues/Work visa

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Question
I'm a Canadian citizen, and I've been offered a clinical research position in a post-secondary institution in the US.  I thought I would be able to take this position with a TN visa, however, the lawyer at the instiution said the TN is not suitable given the job description and that a J1 might be preferable.  The problem is that I'm applying for residency in the US for 2006.  I attended a foreign medical school and I have decided to apply with an H1 visa.  My question is can I take a J1 exchange visa for this research position?  Will I be exempt of the 2 year requirement to go home?  And, if I take a J1 for 10 months, will this affect my trying to get an H1 for residency?  Thank you for your help.

Shabana Shahid

Answer
Dear Shabana,

Whether you will be subject to the 2-year home country requirement will be noted on the Form DS-2019 that is issued to you by the institution and which you will take with you to a U.S. Consulate in Canada for issuance of J-1 visa by the Consulate. If you will be subject to the 2-year home country requirement, you will be unable to change status from J-1 to H-1B in the future without a waiver.

My recommendation is to insist that the institution support you for H-1B rather than J-1 if you will be subject to the 2-year home country requirement.

Regards,
Ajay K. Arora, Esq.
www.H1B1.com

Immigration Issues

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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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