H4 to J1 visa - Please advice

S

Shanky26

New Member
Hello

I am on an H1b visa which started in Aug 2003 and my wife recently came to USA on an H4.She is an Indian Medical Graduate and has already cleared her Step1 and will soon be appearing for Step2 and CSA exam. She wants to start her residency in June 2005 but I guess she can either start it on an H1 visa or a J1 since I dont have a green card and havent filed for a green card yet. If she joins her medical residency on J1 then I guess she will have to file for a J1 waiver (which looks like is a daunting task) after she completes her residency

My questions are

1.Is is there a requirement that a medical program can sponsor her H1 visa only after she has taken her Step3 ?

2. If I file for a green card when can she start her residency on my green card. Can she start only after I get my EAD ? Also this might take 2 years since I havent even filed for my green card.

3. If she wants to start her residency in June 2005 in that case what do you suggest is the best option

a) She should start on a J1 visa and later try for a waiver ?

OR
b) I should file for my green card and she should wait to start her residency till I get my green card to avoid starting her residency on a J1 visa

4)If she starts her residency on J1 visa and I file for my Green Card after that can I still file for her Green card with my application

waiting for an early response

Thanks

Shashank Agarwal
 
QUOTE=Shanky26 -------- I am on ............ My questions are

1.Is is there a requirement that a medical program can sponsor her H1 visa only after she has taken her Step3 ?

>>>> Yes.

2. If I file for a green card when can she start her residency on my green card. Can she start only after I get my EAD ? Also this might take 2 years since I havent even filed for my green card.

>>>> again true. only after your/her EAD

3. If she wants to start her residency in June 2005 in that case what do you suggest is the best option

a) She should start on a J1 visa and later try for a waiver ?

>>>> it is a possibility. depends on how Desperate you/her are for a residency position.


OR
b) I should file for my green card and she should wait to start her residency till I get my green card to avoid starting her residency on a J1 visa

>>>> better option than a)


4)If she starts her residency on J1 visa and I file for my Green Card after that can I still file for her Green card with my application

>>>> No. she will have to wait until she completes requirements of J visa (either go to home country or get a waiver)

waiting for an early response
>>>> given

Thanks
>>>> u r welcome.

Shashank Agarwal
>>>> j1 victim
 
H4 JI Question

Thanks a lot for your response.
I have one more question:

As I mentioned earlier My wife is in USA on H4 visa presently . She is an Indian medical graduate and if she applies for a J1 visa next year before starting her medical residency and the J1 visa is rejected by US Embassy in India can she renenter USA on her H4 visa which she holds at the moment....?

Thanks
Shashank Agarwal
 
H4 to J1 visa - advice

Shanky26 said:
Thanks a lot for your response.
I have one more question:

As I mentioned earlier My wife is in USA on H4 visa presently . She is an Indian medical graduate and if she applies for a J1 visa next year before starting her medical residency and the J1 visa is rejected by US Embassy in India can she renenter USA on her H4 visa which she holds at the moment....?

Thanks
Shashank Agarwal
Click to expand...

>>>> can she renenter USA on her H4 visa?
unknown. depends on whether the US consulate would cancel her H4 or not at the time of rejection of J1/interview.

solution: why would you want to go to home country for J1 visa? do COS (change of status) from *H4 visa > J1 status* in the US itself.

risk: do COS and do not visit your home country until your J1 waiver as there is always a theoretical risk of getting J1 visa rejected whenever she would go to US consulate outside US. she would have a hard time convincing US consulate officer on her intent to return to home country as husband is already there on H1.

very hard to say what attitude the consulate will have.

**************************
disclaimer: my personal opinion only.
 
You must log in or register to reply here.
Top