Jonesduckling
New Member
Dear All:
I hope anyone can help me with my awkward visa issue.
I had been living in the US (H1B) with my wife (H4), and both of us have visa stamps on our passports, valid till 2010.
My wife had a scholarship that required her to convert to a J1 visa. At the visa appointment in the US embassy back home, she was informed by the senior consular officer who interviewed her that she was approved the J1 visa, and that she will be subject to the 2 yr HRR. He also stressed the fact that her H4 visa will still be valid and that she can re-enter the US as my dependent using her H4 visa (she will have to leave the US on termination of her program anyway).
While I was consulting with a lawyer regarding my H1 extension, he said my wife will NOT be eligible for H4 untill she does her 2 HRR. Same message I got from another consular officer from the same embassy.
Her visa was not cancelled, but I cannot risk her being denied entry in the US when she arrives in the airport.
I did some digging up and found out the following:
1- J1 HRR restricts H1 and L1 (non immigrant WORK visas) as well as immigrant visas - according to the web site of the Chennai consulate
http://chennai.usconsulate.gov/j_visa_faqs.html
2-H4 is the only H visa that prohibits the alien from work
3- According to the Immigration and Nationality act 101(a)(15) H4 was not included in the H visas grouped in the restriction HRR.
4- Memorandum betn Dept of State and Homeland security pertaining to the "uncoupling" of H1 and H4 in terms of restrictions and cap..as the H4 is a visa aimed at uniting families with their principal provider on an H1, AND NOT aimed at work.
5- According to the senate report amending the Immigration and Nationality act (1970) it was clearly mentioned that the HRR restriction ONLY applies to the Immigrant visas as well as Non immigrant WORK visas.
kind regards and sorry for taking so long
I hope anyone can help me with my awkward visa issue.
I had been living in the US (H1B) with my wife (H4), and both of us have visa stamps on our passports, valid till 2010.
My wife had a scholarship that required her to convert to a J1 visa. At the visa appointment in the US embassy back home, she was informed by the senior consular officer who interviewed her that she was approved the J1 visa, and that she will be subject to the 2 yr HRR. He also stressed the fact that her H4 visa will still be valid and that she can re-enter the US as my dependent using her H4 visa (she will have to leave the US on termination of her program anyway).
While I was consulting with a lawyer regarding my H1 extension, he said my wife will NOT be eligible for H4 untill she does her 2 HRR. Same message I got from another consular officer from the same embassy.
Her visa was not cancelled, but I cannot risk her being denied entry in the US when she arrives in the airport.
I did some digging up and found out the following:
1- J1 HRR restricts H1 and L1 (non immigrant WORK visas) as well as immigrant visas - according to the web site of the Chennai consulate
http://chennai.usconsulate.gov/j_visa_faqs.html
2-H4 is the only H visa that prohibits the alien from work
3- According to the Immigration and Nationality act 101(a)(15) H4 was not included in the H visas grouped in the restriction HRR.
4- Memorandum betn Dept of State and Homeland security pertaining to the "uncoupling" of H1 and H4 in terms of restrictions and cap..as the H4 is a visa aimed at uniting families with their principal provider on an H1, AND NOT aimed at work.
5- According to the senate report amending the Immigration and Nationality act (1970) it was clearly mentioned that the HRR restriction ONLY applies to the Immigrant visas as well as Non immigrant WORK visas.
kind regards and sorry for taking so long