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* J-1 Visa & I-130 family based petition/any advice?
 #775003  
  kewkashi - 04/13/14 03:04
 
  Hi everyone, My mother filed I-130 petition for me with priority date of September 2012 and it approved last year. Now I got matched to a residency program and I need J1 visa. It will probably take another 5-6 years for me to be eligible to get an interview and apply for Green card.In this case, do you think my J-1 visa application will be rejected? Any experience? Should I withdraw my I-130 petition? I would really appreciate any help and advice in this regard. Thanks  
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* Re:J-1 Visa & I-130 family based petition/any advi
#3077187
  joe55 - 04/13/14 09:09
 
  Bump  
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* Re:J-1 Visa & I-130 family based petition/any advi
#3077221
  kewkashi - 04/13/14 11:02
 
  I thought people try to help each other in this forum. All I got is someone replied Bump! very disappointing.  
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* Re:J-1 Visa & I-130 family based petition/any advi
#3077223
  kewkashi - 04/13/14 11:06
 
  by the way, I know you write Bump to bring up my post. Thank you Joe55. But no one gave any advice!  
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* Re:J-1 Visa & I-130 family based petition/any advi
#3077228
  pedsgirl1988 - 04/13/14 11:22
 
  I dont have much experience relating to the same but I do recall an immigration lawyer telling a friend of mine that applying for J1 visa leads to automatic cancellation of the I-30 petition. You cant have both at the same tie..i.e you cant apply for a J1 while your I-30 petition is also pending. However, I may be wrong so I strongly suggest you seek legal advice from an immigration lawyer to better understand your options.  
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* Re:J-1 Visa & I-130 family based petition/any advi
#3077365
  kewkashi - 04/13/14 21:02
 
  Thank you very much for your reply. To be honest, I don't mind if my I-130 get cancelled at this stage. I'm just concern that I might not be able to get J-1 and lose my residency spot. I talked to two immigration lawyers and each of them charge me 450$ for an hour consultation. The consultation went like 45 minutes of them asking me general questions and at the end they said, yes, it's possible that it will affect your J-1 application and it may get rejected!! That was all the help I got. Now I am trying to find if anyone has been in the same situation and get some advice.  
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* Re:J-1 Visa & I-130 family based petition/any advi
#3077393
  darudesi - 04/13/14 23:10
 
  Yes it may get rejected as J1 is a non-immigrant intent visa for which you need to show strong ties with your home country like a B1. My B1 was rejected becz my immigration was pending and they said you can only enter US on immigrant visa only and I know people who have got J1's rejected becz they didnt have strong ties to their home country.  
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* Re:J-1 Visa & I-130 family based petition/any advi
#3077394
  darudesi - 04/13/14 23:11
 
  If you had you petition already approved what was the rationale of applying to J1 programs ? Your best bet would have been only H1 programs.  
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* Re:J-1 Visa & I-130 family based petition/any advi
#3077463
  kewkashi - 04/14/14 09:54
 
  Thanks for your reply. Well, the program I got matched to, sponsor H1 as well, but I haven't done step 3 yet. My question is that, when you get J1 visa, you are not able to apply for any permanent resident status until you do the two year home country resident rule. So what's the problem here? I can't have any non-immigrant intent anyway because I have to leave US after my residency due to two year home country residence rule.  
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* Re:J-1 Visa & I-130 family based petition/any advi
#3077464
  kewkashi - 04/14/14 09:55
 
  Sorry, I meant I can't have any immigrant intent.
So should I withdraw my I-130 petition now?
 
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* Re:J-1 Visa & I-130 family based petition/any advi
#3077592
  darudesi - 04/14/14 17:07
 
  That' the point ... immigrant intent means that you are not looking to come to your home country as you already plan to immigrate and your mother lives in US and you will most likely apply for a waiver after you get J1 and will not return. This is why you need strong ties to your home country for them to make sure that you not come back.  
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