Can I apply for my EB2 NIW and get my J1 research 2 year home residency requirement waived?

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You are asking about the 2 year residency rule with the J-1 visa

When you file the NIW you can file the J-1 waiver as well and you can get the 2 year residency period waived.

See: https://immigrationroad.com/green-card/national-interest-waiver-niw.php

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Hello.

If you read the link, if your research is important as you said it was and as it sounds, then you would file a NIW EB-2 AND you would file a J-1 waiver, which would seek to waive the 2 year return to your country.

This is the process to try to get around the 2 year rule without the IGA and EB-5

It is an alternative for you to pursue.

Yes, I told you above, you have to file a J-1 waiver for the 2 year residency in addition to the NIW, that is exactly what the article says as well.

Again, the J-1 waiver/NIW is an alternative means to your EB-5 IGA route because the IGA is way more difficult than you getting the J-1 Waiver and NIW.

You can also ask for the J-1 waiver based on the eb-2 NIW, not just for the IGA.

In fact, you copied and pasted the same answer back to me, see the emphasis I am putting in:

If you are in J-1 status and have already received NIW approval, you still must obtain the J1 waiver or fulfill the 2-year residency requirement before you can adjust your status.

So the above statement is telling you that you can do the NIW and get that approved and then file the J1 waiver to get around the 2 year requirement.

Not just the IGA qualifies you.

You apply for the J-1 waiver based on the research needing to be continued and no objection from your home country.

If you are not an MD, you cannot rely on that waiver ground.

Ahh, okay, then your only other basis is as you said the IGA in that case, unless you qualify under some family hardship or persecution in your country if you return.

I said that you can seek waiver of the J-1 requirement and I also said it was a potential option for you to explore.

Option is not a guarantee.

Just because you have options, you should try them and see if you can get them to work out for you.

Some may, some may not, but they are worth exploring just in case.

That is up to you it is one avenue to try, since you asked if you had other options.

It only helps if you can get the J-1 waiver,it was an option for you
Of course, if it will not work because you cannot put the proper proof together to get the J-1 waiver, then you are limited to only your IGA.

Unfortunately, I have given you the options if they do not fit you then I am afraid you are pretty much out of options.

If you get the no objection letter, you would be good to go with the NIW and you can shift to H1 or file your I-140 for permanent status and I-485 to change your status.

That is right the government can still issue the NORI

Yes, if you get the NORI from India that is correct.

Yes, you could switch to J2 with that interesting twist in information and it will not interfere with your Eb-5

No it should not impact your job profile either.

No you only need to file one waiver, no double waiver needed.

No you should not need the waiver when your I-526 is approved, you wait for waiver to file the adjustment.

Yes, that is true as well.

Yes, that is correct and if you need an H1b later, you can do that as well.

Sure, sorry, I was dealing with several other issues.

Your husband can file the J-2 for you

The 2 year requirement means 2 years not every 6 months I am afraid. It is 2 years continuously.

I would hire a local attorney, yes, I mentioned that yesterday.

You can if you want, but I would use an attorney

I do not suggest you do it on your own, I would use an attorney, which is what I mentioned yesterday to you too.

You do not have to leave the US to get the J2 if you were both in the US at same time, but you would your husband's employer's support.

Is that true, no, the USCIS may require you to leave the US to get your visa stamped but that doesn't mean you have to go to your home country you can go to Mexico or Canada to the US Embassy and get it stamped.

You can with an advance parole document. You can apply to leave and return.

You can be, it is up to the reason for leaving and the USCIS officer.

There is no prohibition against leaving and re-entering the U.S. while the I-526 is being processed, but you may encounter issues with border officials regarding your intent if you enter with a nonimmigrant visa as the filing of the I-526 can be viewed as evidence that you intend to immigrate to the U.S. permanently.

This is why you need to consider filing for advance permission to reenter, to prevent some border agent from denying you to reenter, that is why. Travel is not prohibited, but they can claim you are coming back with improper intent.

Yes

Okay, now it is 6:30PM, I have been on since 6:30 AM, you have a wonderful rest of your night.

And I am wrapping up and I am not a site employee nor am I your attorney.

You have a wonderful night.

You are welcome

You too.