Leaving H4 with green card process for j1, then rejoining??

[ylevanon]

Hello,

I've got a question regarding employment with a J visa---hope someone could help---and thanks in advance!

I'm working under an H1B visa and my wife has an H4 visa. We are 20 months into green card process---yet still in labor certification stage, in the state level (Washington state).

My wife is a teacher and was offered a job in a school where they routinely obtain J visas for teachers of foreign language. However, I understand that one cannot apply for a J visa concurrently with a green card, becausee on is a non-immigrant and the other is immigrant visa.

The school is averse to sponsoring an H1B visa---they are actually afraid it will expose them to audits from the INS. I bet they've got something to hide

So, we are considering abandoning/suspending the green card process for my wife, in favor of a J visa.
My questions are:
1) Is it even possible to do?
2) For how long is a J visa granted for teachers?
3) The school is not receiving support from the US or foreign government. Given that, the foreign residency requirement doesn't apply. So, when the J visa expires, will my wife be eligible to "joining" my green card. What's the procedure here?

Thanks in advance for your help---my wife has been unemployed for two years now and she really doesn't like it...

Regards,

--Yossi

 

[Patri]

Applying for a J might not be a good idea, your wife could be subject to the rule that states that she should stay at her home country for two years, before applying for a GC or even for an H1. Even if the visa says she is not subject to this rule, this still could happen, and you just find that out when applying for GC or H1. Better avoid J visa.

 

[ylevanon]

Thanks for the reply. The employer has checked again and they say that a J visa is not an option anyway because it is now offered only to people staying outside of the US at the moment.