PERM during j 1 status

[arken 4,197]

11 minutes ago, Coco8 said:

If an employer wants to do an EB3, you have to be working for them

One doesn't need to be working for an employer that petitions for EB. EB is for future employment upon becoming an LPR.

Edited November 27, 2021 by arken

[Boiler 44,949]

The most common EB3's I have seen are nursing where no current employment is involved.

 

Obviously a lot of tech type people on H1b's are also sponsored for EB3, some on L1, E2 well the whole alphabet.

[Surrey19 6]

10 hours ago, Coco8 said:

I'm confused. If an employer wants to do an EB3, you have to be working for them. Some people work abroad and others get a work visa, while the PERM/EB3 is ongoing. How are you going to be on a J1 and in the meantime, they are doing a EB3 for you that will take years? I've never heard of a job that makes an EB3 for anyone who isn't employed with them. I've only heard of companies/universities that do an EB1 directly, because they are hiring someone important and can be rather fast process. 

 

J1 won't affect EB3. 

 

EB3 application can affect J1, but it could depend on how good the graduate program you are going to is. If you go to a MBA at Chicago, more likely than if you go to a MBA at unknown place. 

 

Nothing will affect PERM. PERM is just PERM and they don't care about your status. It's based on labor rules.

 

What I don't quite get is why you need a J1 and not an F1. For grad school you usually take an F1. J1 is only if your funds come from certain place or if you were just on a J1 with a 2-year residency requirement (or something like that). So why J1?

 

 

Thanks for the info 

 

actually I do prefer J1 as does provide me a one year internship that is fully paid knowing that I will be applying from abroad and it is better than F1 as I already have master degree and I don’t want to pay 

 

the eb3 unskilled will be sponsored by totally different company 

 

however ,there is big obstacle that in most cases :is J-1 holders may become subject to a two-year home residency requirement, which means that they are required to return to their home countries for two years after completion of J-1 program. 

so they Canot do AOS for the eb3 nor apply through consular as well for eb3 after the 2 years 

 

 

[Gomast 65]

14 hours ago, Coco8 said:

I'm confused. If an employer wants to do an EB3, you have to be working for them. Some people work abroad and others get a work visa, while the PERM/EB3 is ongoing. How are you going to be on a J1 and in the meantime, they are doing a EB3 for you that will take years? I've never heard of a job that makes an EB3 for anyone who isn't employed with them. I've only heard of companies/universities that do an EB1 directly, because they are hiring someone important and can be rather fast process. 

 

J1 won't affect EB3. 

 

EB3 application can affect J1, but it could depend on how good the graduate program you are going to is. If you go to a MBA at Chicago, more likely than if you go to a MBA at unknown place. 

 

Nothing will affect PERM. PERM is just PERM and they don't care about your status. It's based on labor rules.

 

What I don't quite get is why you need a J1 and not an F1. For grad school you usually take an F1. J1 is only if your funds come from certain place or if you were just on a J1 with a 2-year residency requirement (or something like that). So why J1?

 

 

This is exactly my thought. Why J1 when you can study with F1. The J1 might restrict you to the two years rule, I which you must return to your home country and stay there for at least 2 years. Check with your school whether you will be subjected to the 2 years rule. I assume that the school offered you some kind of a work / scholarship opportunity and that’s why you need the J-1. Is it really worth it for you?!  Wouldn’t it be better to have the F-1, then OPT, and an option for H1-B? 

[Surrey19 6]

1 hour ago, Gomast said:

This is exactly my thought. Why J1 when you can study with F1. The J1 might restrict you to the two years rule, I which you must return to your home country and stay there for at least 2 years. Check with your school whether you will be subjected to the 2 years rule. I assume that the school offered you some kind of a work / scholarship opportunity and that’s why you need the J-1. Is it really worth it for you?!  Wouldn’t it be better to have the F-1, then OPT, and an option for H1-B? 

Your right but my issue that I am not a student in US .I have graduated from Europe and j1 was my only choice to wait while waiting for the whole eb3 process that can take up to 18 month 

 

I guess I will not have issue with PERM and I 140 stage but for the last stage I 485 or consular stage of the eb3 ,the 2 years ban will be an issue 

[Gomast 65]

9 minutes ago, Surrey19 said:

Your right but my issue that I am not a student in US .I have graduated from Europe and j1 was my only choice to wait while waiting for the whole eb3 process that can take up to 18 month 

 

I guess I will not have issue with PERM and I 140 stage but for the last stage I 485 or consular stage of the eb3 ,the 2 years ban will be an issue 

I don’t know in which local office your eb-3 will be processed, (and you might not be able to AOS from J-1), but for example, in Miami, the processing times are 40.5 months. 

[Coco8 1,042]

7 hours ago, Surrey19 said:

actually I do prefer J1 as does provide me a one year internship that is fully paid knowing that I will be applying from abroad and it is better than F1 as I already have master degree and I don’t want to pay 

Usually you cannot choose whether you do J1 or F1. It's based on some circumstances, like funding origin, etc.

 

F1 has OPT which would allow you to work for a year (or longer for STEM) after graduation.