My J1 visa is approved & stamped. Is it a good idea NOT to use it and come on H4

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gcexpress

Registered Users (C)
Hi All,
My brother-in-law's J1 visa is approved & stamped today in India and they have put the 2 year residency requirement. He is thinking of NOT using it and instead applying for a H4 visa and coming as a dependent on his spouse's visa who works on a H1 visa.
Will there be any issues when he trys to apply for H4 visa. Also, anyone have feedback for me as how tough is it to get a waiver. I am still undecided about which option to pursue.

Thanks to you all in advance
-MMX
 
I'd go with H4. If there is govt financing involved, getting a waiver may be quite close to impossible.

But if he really-really needs experience or the degree or money (you didn't tell us which category his J-1 is in and why he has HRR), then he should go with J1 and worry about a waiver later.

I'd still go with H4, and then maybe find a job and switch to H1B.
 
he is going as a trainee

thanks lucy.
He is going as a trainee through a pvt company in India into their US office.
Wouldn't there be high chance of denial as he did not use his stamped J1. I thought the consul officer may percieve this as an intention to stay in US with an immigrant intent.

kindly put some light on this concern.
 
H1 and H4 visas are visas with dual intent. He does not need to prove non-immigrant intent when he applies for it.

As for unused J-1, he can always say the circumstances have changed and he decided not to pursue the trainee program after all.
 
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