J1 to Green card

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kolansuresh9

New Member
Following is my case...any help or pointers will be greatly appreciated...this question is also from FAQ from this website...but I have modified it according to my case.

I am currently in the US on a H1-B visa and my GC is under processing.State Labour has completed and currently in Federal. It might take another 6 months to get my labour gets cleared. My wife is on a H4 visa. She would be applying for US Medical Residency this year.If she joins a Residency program on a J1 visa, can she come back to GC thru waiver, once my GC gets approved ?

Thanks
Suresh :confused:
 
I am on J1 and in the process of waiving the two years home residency requirement. It is possible to get the waiver. Your chances depend on what grounds you request the waiver. I requested the waiver based on the "No objection statement" from the embassy of my country. I received the no objection statement and the State Department gave a favourable recommendation to CIS. CIS makes the final decision, so I am not done yet. My understanding is that as a J1 if you did not get funding from the US or your own government you have good chances to get the waiver. I am not sure though whether this applies to medical residents. I chatted with someone on a forum and he said don't change to J1 if you don't have to, because this is the most problematic visa type to change to another. Vermedve
 
the chances of getting a waiver depend as much on the type of the waiver, as they do on the reason for HRR. It is true that it is much more difficult to get a waiver if govt financing is involved. :(
 
In theory J1 is non immigrant intent. So once you accept J1 be prepared to kiss the GC goodbye.
I'm in same soup as you. We have already finished 6 years on H1 (she on H4) and she wants to go for residency. Labor is pending for 2 years, we can extend the stay but i'm told after 6 years on h4 she is not eligible for H1??
is it true? is that your case too?
No she can go J1, which is what we are thinking, but i dont know if H4 to J1 jump is allowed? do you know? and yes once she goes on J1 we think her GC is in jeopardy too.
 
H4 to J1 jump is allowed, and her GC is not in jeopardy. Except for the HRR, for which she will have to either try to get a waiver or go home for two years.
 
Forget J1

Hey...

Your wife can start her residency after you get or have a EAD card... it is absolutely not worth switching to a J1 to start residency... she might as well enjoy her free time waiting for GC and residency
 
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