EAD to J1

C

curious21

Registered Users (C)
Hi,
I'm on H1-B and my spouse was on H4. After my company filed I-485 (AUg 2007), my spouse eventually got EAD and she started residency on that. Now my I-485 got denied and she is planning to go to India for J1 visa.

How should below question be answered in DS-156 form?
* Has Anyone ever filed an Immigrant Visa Petition on your behalf?

My spouse was not added in my I-140, but only to the I-485. should the answer to above question be yes or no.

Will there be any complications as she is changing from EAD to J1?

Thanks.
 
curious21 said:
Hi,
I'm on H1-B and my spouse was on H4. After my company filed I-485 (AUg 2007), my spouse eventually got EAD and she started residency on that. Now my I-485 got denied and she is planning to go to India for J1 visa.

How should below question be answered in DS-156 form?
* Has Anyone ever filed an Immigrant Visa Petition on your behalf?

My spouse was not added in my I-140, but only to the I-485. should the answer to above question be yes or no.

Will there be any complications as she is changing from EAD to J1?

Thanks.
Click to expand...

By applying to I485, she showed immigration intent which does mean that here possibility to get J visa is almost zero. Adding here to I140 or not does not matter at all. The answer should be obviously yes because she did apply for I485 and got EAD and already used it as dependent on your application.
 
Thanks, mmed.
She already went to india to try for J1-visa. She had completed her 1st yr residency on EAD and for continuing 2nd yr she wants to get J1.

Can we explain to the consulate what happened with the EAD and try for J1-visa?
The backup here is if J1 visa gets denied, she can go for H4. Would getting H4 be an issue if J1 gets denied?

Thanks once again for your reply.
 
curious21 said:
Thanks, mmed.
She already went to india to try for J1-visa. She had completed her 1st yr residency on EAD and for continuing 2nd yr she wants to get J1.

Can we explain to the consulate what happened with the EAD and try for J1-visa?
The backup here is if J1 visa gets denied, she can go for H4. Would getting H4 be an issue if J1 gets denied?

Thanks once again for your reply.
Click to expand...

Yes she suppose to explain that to the consulate and try to convince them that she is not planning to stay after finoshing residency with supporting documents e.g Job in India, clinic, house ...etc
H4 has nothing to do with rejection of J but she can not continue residency with H4. Why not H1 to complete the residency? Step3? yes it is a must. Try to negotiate with the program regarding H1.
 
thanks, mmed for the suggestion. thats the best bet we have now.
the program doesn't do H1 hence we are going with the J1 option.

thanks once again.
 
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