H-1B waiver clarification

[lalithakay]

Hi,

I'm presently in J-2 visa and my husband is having J-1 visa.
We both are Indian Nationals. My husband applied for J-1 visa when he was in Germany.
It is mentioned in my husband's Visa clearly that "Two Year rule does NOT apply".

3 months later, I applied for J-2 from India with his visa documents.
In my visa also, it is mentioned that "Bearer is NOT subject to section 212(E). Two Year rule does NOT apply".

Now, we both want to apply for H-1B visa seperately. I want to know whether do we need to apply for H-1B waiver?

It is very much confusing since we both are Indian nationals, anyway two rule applies. But at the same time, as he was in in Germany while applying, it does not apply as mentioned in the visa.

Please clarify. Thanks in advance.

Regards,
Lalitha.

 

[vectorP]

Without the J1 Two Year rule, you can apply for H1B visa in US.

There is NO "H-1B waiver".

You may neex to meeet the FY 2011 H-1B Cap (see http://www.greencardapply.com/news/news10/news10_0409.htm)

 

[pk_net]

If you are NOT subject to the rule, then you have nothing to worry about. You can proceed with the H1B.
The cap is wide open at this point.

 

[pk_net]

For H1B, your employer has to initiate the process which means that you need to have a job offer from an US company.
I don't know what you are trying to do in Canada. It is generally more difficult to obtain an US visa from countries other than your permanent residence.