I work in software industry and my wife will be joining residency this June or July. I am on H1 Visa and my 6 years will be completed in Oct 2005 . My wife is on the H4 and she still has two and half years on "H" visa. My wife has matched for residency in USA. Now that she has only 2.5 years, can she take H1 visa for Residency or would you suggest to take J1 visa?
Our main aim is to stay together for the most of our time without jeopardizing each others carriers. We need to know what we should do to achevie this? Here are some of the ideas that we have in our mind but needs your input.
If my wife takes J1 visa for residency and I change to J2 visa before my visa expires .
Here is what we need to know about this option.
a) Will the Immigration services allow me to stay in J2 visa after finishing my H1 visa?
b) Can I apply for H1 visa back after finishing my hibernating period of 1 year with out going back to my home country?
c) Can I work here on J2 Visa?
If my wife takes H1 visa for residency, I will have to go back to India after I finish my visa and then come back after an year on a new H1.
Some questions for this option
a) As my wife is already here for 3.5 years on H visa, Will her residency years on H1 also count? If it counts, she can not even complete here residency.
b) If the resident years do not count in H visa, Will it be easy to apply for green card for my wife after her residency?
Please do let me know if there is option 3 or which option is better for us. I would appreciate if you have any suggestions or more questions regarding this issue so that I can ask my Lawyer.
Thanks in advance for your help