J1 visa to H1B Visa, EB1

[pankeshpatel]

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.

[scientist2016]

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.

1. You do not need to have a valid visa status to process your GC application. What the lawyers meant was that you can do AOS only if you are in the US at that time and have a valid visa status. Otherwise you can always go out and get your GC via consular processing. So the answer is you should not delay your GC processing, and should begin it as soon as you can.
H1 and GC are two completely different processes and one has no bearing on the other.

2. If your COS petition is approved, you will get a H1 with a new I94, and you need not leave the US.