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I am currently in Canada and applied for marriage based greencard. I-130 got approved but due to mistake from USCIS (see I-130 approved (I-797 received): Why do we have to file I-824 (and do we)?) I am forced to file an unnecessary I-824 and wait an additional 7-12 months or even more.

I have an offer for a postdoc position at a prestigeous US university where I would ideally start ASAP.

Is there any way to apply for J1 visa (*) while the greencard is pending?

(*): To my knowledge, J1 and H1B are the only options for postdocs and the latter being tied to a yearly schedule where I could start Oct 2021 at earliest. Please correct if this is wrong.

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  • Are you a Canadian citizen? Would the J1 have a 2-year home residency requirement? – user102008 Jul 2 '20 at 17:22
  • No, I am German citizen. I have a work permit in Canada. To my knowledge, the home residency requirement is dependent on whether "a majority" of the funding comes from government sources. That would need to be determined. If there would be home residence requirement, I would not do it, hence for this question we can assume no home residency requirement. – divB Jul 2 '20 at 20:51
  • Universities are H-1B cap-exempt, ie, not tied to the lottery and October schedule, and H-1B dual intent avoids the problem of J-1 where nonimmigrant intent is contrary to your green card application. However, H-1B is now in limbo due to Trump's COVID proclamations. Most US universities have immigration offices which are well-suited to orient you on this kind of issue and/or recommend you a good attorney. You should ask them first. – krubo Jul 4 '20 at 5:55

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