J1 waiver problem to get H4 visa

A

Aryabhatta

New Member
Hi
Great site for all this resources.
My q is I am on H1-B visa since last 21/2 yrs and I just got married and I applied for h4 visa for my wife. Now problem here
is my wife had J1-Visa and she was in US 14 months back and now she is in India. She is orthopedic surgeon and she was here
as research-student fellowship no patient care, Also no funding from US or Indian government also its unpaid fellowship. So now Problem is US consulate in India is not allowing her h4 because
of J1 HRR program. So how do I proceed for J1-waiver,
As she is in India, where do I get no objection certif. do I need to
do this process from Indian embassy in Washington, DC or in India. Can any one explain me the complete process.

Thnks in Advance
-Aryabhhatta
 
J-Waiver to get H4

Dear Jignesh
Thanks for this links;I got good information from this links
but still I have one question that She is in India so where
she can start this process.Where she need to send that
misslen. form and Passport ?Indian embassyin US or some
where in INdia
Thanks again
-Kiran
 
That's a good question and frankly, I don't know the precise answer.

However, if I guess, she should obtain NORI statements from all three Indian authorities by visiting them/submitting applications to them; and after that obtain a final waiver from the Minsitry of External Affairs (again, my guess). I recommend you calling or personally visiting the Indian Embassy here in the US and ask them in detail.

If the above is difficult, here's a probable alternate suggestion. Normally, passports should not be sent overseas by mail. If you can have her passport here by any other means, you can submit completed (and signed by her) NORI forms to the embassy with her address mentioned as your US address so that they process the application. After you receive all three NORIs from Indian authorities, submit "Miscellaneous services form" with fees to the Indian embassy with waiver case number that the US Department of State (DoS) has assigned to your wife's application (as mentioned on http://travel.state.gov/jvw.html ) so that the embassy forwards final NORI (with the waiver case number mentioned over it) directly to the DoS (and a copy to her at your US address).

Waiver is a time-consuming process and takes typically 6 to 8 months.

Anybody from India having gone through similar recent waiver procedures, please?????

Do her J-1 visa stamp and/or her IAP-66 mention about the 2-year HRR? If NOT, you can as well ask for "advisory opinion" from the DoS. If the advisory opinion states that she was not subject to the HRR, no waiver is needed. Unfortunately, this also takes time. So better to initiate both (waiver and advisory opinion) procedures together (if no HRR is mentioned on visa stamp and/or IAP-66) so that if advisory opinion is unfavorable, you don't lose time in waiver.


Best wishes,

Jigesh

Disclaimer: Personal non-legal point of view only.
 
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