j1 visa question, spouse applying for grenn card

[docindia1979]

Hi all,
I am joining residency on j1 visa.My husband is on h1b and has applied for green card and his labour has got cleared. He is currently applying for I 140.

Do u think i will have any problem getting the j1 visa . Also since i am here on h4 do i have to go back to india to get j1 stamped or i can work with change of status without going back.
Also will i have work permit once his I140 is approved or i have to wait till EAD.

 

[jk0274]

If your husband is about to apply for his (and your) green card, you might complicate things a lot by getting on a J-1. I'm not sure about this, but since you are doing a medical program, getting a waiver of the HRR becomes a lot more complicated. (HRR is the 2-year Home Residency Requirement). It would probably be a lot easier to just apply for your EAD along with your green card and start your residency with that, forgoing the J visa altogether.

You will not be able to apply for a change of status to a J visa if you are also applying for a green card. This is because J is a non-immigrant status, and applying for immigration (a green card) will disqualify you from proving that you want to be here as a non-immigrant.

You can change status in the US if you need to without going to India. But if you ever do leave the country after you change to a new non-immigrant status such as J-1, you will need to get a new visa from a consulate to allow you back into the united states.

 

[mmed]

Hi all,
I am joining residency on j1 visa.My husband is on h1b and has applied for green card and his labour has got cleared. He is currently applying for I 140.

Do u think i will have any problem getting the j1 visa . Also since i am here on h4 do i have to go back to india to get j1 stamped or i can work with change of status without going back.
Also will i have work permit once his I140 is approved or i have to wait till EAD.

Good advice from jk0274. You can adjust your status and apply for EAD even if your husband's GC is pending or concurrently with the I-140 supposed he is EB1 with available visa number because as you know India has no visa number available in many employment based categories. This will be easy way for you to start residency and renew the EAD yearly if the GC remain pending. If you touch the J medical forget it. You can't adjust your status, no EAD and so on unless you fulfill the 2 year home country or the terrible state waiver and even so you have to serve in low served area with a lot of trouble.

 

[docindia1979]

Thanks for replying to my queries........
I am a little confused here. My husband has applied under eb2 category and my understanding is that i can't get an EAD untill the priority date is current, which at present is running for Jan 2003 for applicants from India.
For me to get the EAD it is going to take minimum 3 to 4 years, and i have to start residency this july. Kindly throw some light on this.
Thanks in advance.

 

[mmed]

Thanks for replying to my queries........
I am a little confused here. My husband has applied under eb2 category and my understanding is that i can't get an EAD untill the priority date is current, which at present is running for Jan 2003 for applicants from India.
For me to get the EAD it is going to take minimum 3 to 4 years, and i have to start residency this july. Kindly throw some light on this.
Thanks in advance.

As I said, because he is EB2, there is no visa # now. So, it is your choice; I advice you to take the J medical and no one knows what will happen later when you finish it. It is Better than to sacrifice the residency just waiting for green card.

 

[jk0274]

Thanks for replying to my queries........
I am a little confused here. My husband has applied under eb2 category and my understanding is that i can't get an EAD untill the priority date is current, which at present is running for Jan 2003 for applicants from India.
For me to get the EAD it is going to take minimum 3 to 4 years, and i have to start residency this july. Kindly throw some light on this.
Thanks in advance.

You got us (at least me) confused when you wrote above that your husband "has applied" for a green card. In reality, he has only filed an immigrant petition. Therefore, you are correct in saying that you cannot apply for a green card and EAD until your priority date is current. You have 2 options:

1- Carry out your plan to get a J-1 visa, knowing that it will complicate your ability to apply for a green card when your priority date becomes current. You could alternatively see if you can get on a different type of visa, although I don't know what that would be.

2- Depending on your or your husband's profession, consider applying for a EB-1 category such as "Alien of Extraordinary Ability" or "Outstanding Professor or Researcher". Doing so depends on your previous credentials, but ability to do so will enable you and your husband to concurrently file for a green card and EAD immediately while the numbers are still current for India. This option is contingent on one of you qualifying for this category to begin with.
Good luck.