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I am currently a temporary worker on an H-1B visa that will expire in 2008. My wife is currently on a J-1 visa that expires in May 30, 2006. She is subject to the two-year foreign residency requirement, but we have already attained a favorable recommendation from the DOS and are awaiting the final waiver from Vermont USCIS since last month (april).
It is my understanding that she can remain in US for 30 days after the expiration of her J visa. She is currently seeking jobs to sponsor her for H-1B visa--she is a teacher and apparently that will be no problem. However, even if she gets a job tomorrow, she CANNOT change status because the official waiver has yet to be approved.
I need advice on the following:
1. Do we start applying for CoS to H-4 as of now? How soon does the approval of form I-539 for CoS usually take??
2. If she gets a job can she start applying for H-1 visa even though she may be amidst the H-4 process? Is there no problem?
3. If we decide not to apply for H-4 but rather she leaves the country at the end of June, CAN SHE COME BACK ON HER TOURIST VISA 1 WEEK AFTER AND THEN APPLY FOR CoS to H-1?? ANY CHANCE IMMIGRATION OFFICERS MAY FORBID HER FROM ENTERING THE COUNTRY?? (we would be hoping she gets approximately 6 months of entry...by then everything would be resolved).
I really appreciate all your time and your input.
I am currently a temporary worker on an H-1B visa that will expire in 2008. My wife is currently on a J-1 visa that expires in May 30, 2006. She is subject to the two-year foreign residency requirement, but we have already attained a favorable recommendation from the DOS and are awaiting the final waiver from Vermont USCIS since last month (april).
It is my understanding that she can remain in US for 30 days after the expiration of her J visa. She is currently seeking jobs to sponsor her for H-1B visa--she is a teacher and apparently that will be no problem. However, even if she gets a job tomorrow, she CANNOT change status because the official waiver has yet to be approved.
I need advice on the following:
1. Do we start applying for CoS to H-4 as of now? How soon does the approval of form I-539 for CoS usually take??
2. If she gets a job can she start applying for H-1 visa even though she may be amidst the H-4 process? Is there no problem?
3. If we decide not to apply for H-4 but rather she leaves the country at the end of June, CAN SHE COME BACK ON HER TOURIST VISA 1 WEEK AFTER AND THEN APPLY FOR CoS to H-1?? ANY CHANCE IMMIGRATION OFFICERS MAY FORBID HER FROM ENTERING THE COUNTRY?? (we would be hoping she gets approximately 6 months of entry...by then everything would be resolved).
I really appreciate all your time and your input.