ganesh_2001
Registered Users (C)
I recd my green card and wife is on J1 visa what is the procedure to sponsor my wife for green card. Please let me know the procedure.
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Sponsor for Green card
- Thread starter ganesh_2001
- Start date
hashitoxicosis
Registered Users (C)
Now, that is an impossible situation
Big issues for you.
1) J1 cannot convert to any other visa before obtaining a waiver of the home country requirement. She needs to get a job in an underserved area
2) Even after she gets the waiver and becomes an H1, your sponsorship won't help her for 6-7 yrs. she will need to get GC on her own
3) If she still has to go on with her J1, she cannot visit home anymore. It will bw tough proving non-immigrant intent when your hubby is a GC
her best option is to get a J1 waiver ASAP and get into H1 status .
Big issues for you.
1) J1 cannot convert to any other visa before obtaining a waiver of the home country requirement. She needs to get a job in an underserved area
2) Even after she gets the waiver and becomes an H1, your sponsorship won't help her for 6-7 yrs. she will need to get GC on her own
3) If she still has to go on with her J1, she cannot visit home anymore. It will bw tough proving non-immigrant intent when your hubby is a GC
her best option is to get a J1 waiver ASAP and get into H1 status .
ganesh_2001
Registered Users (C)
Thanks for the reply. In case if she gets wavier can i sponsor immediately after getting H1 or the complete wavier period should be completed. Please elaborate the point 3. I did not understand.
hashitoxicosis
Registered Users (C)
2) Even after she gets the waiver and becomes an H1, your sponsorship won't help her for 6-7 yrs. she will need to get GC on her own
Priority date for Family category 2A(spouses of GC holder) is dec 97. In aotherwords, while you may file I-130, you can't file I-485 till 2009 or so. But, as an H1 physician, an employment based GC will be pretty easy for her.
3) If she still has to go on with her J1, she cannot visit home anymore. It will bw tough proving non-immigrant intent when your hubby is a GC
This applies if she needs to get a new J1 stamp at the embassy for coming back to the US. Visas such as J1 B1 F1 are non-immigrant and the applicant needs to demonstrate strong ties to the home country to get it. If the spouse has a GC, it will be pretty tough to prove non-immigrant intent. H1 on the otherhand has 'dual intent' and cannot be refused if there is no fraud involved.
Priority date for Family category 2A(spouses of GC holder) is dec 97. In aotherwords, while you may file I-130, you can't file I-485 till 2009 or so. But, as an H1 physician, an employment based GC will be pretty easy for her.
3) If she still has to go on with her J1, she cannot visit home anymore. It will bw tough proving non-immigrant intent when your hubby is a GC
This applies if she needs to get a new J1 stamp at the embassy for coming back to the US. Visas such as J1 B1 F1 are non-immigrant and the applicant needs to demonstrate strong ties to the home country to get it. If the spouse has a GC, it will be pretty tough to prove non-immigrant intent. H1 on the otherhand has 'dual intent' and cannot be refused if there is no fraud involved.
ganesh_2001
Registered Users (C)
Thanks very much for the prompt response. It made me clear with the process and really the best thing is it get H1 first and get GC on the employment based.
ganesh_2001
Registered Users (C)
Hi hashitoxicosis id can you please let me know if a person after converting from J1 to H1 can stay in USA with H1 papers only and start working without going back to home country for stamping H1 visa. Any advice appreciated.
hashitoxicosis
Registered Users (C)
I am 90% sure they can, but may want to ask this question in the H1 forum.
It is easy for 'US trained' physicians to get H1 from canada/mexico anyway
It is easy for 'US trained' physicians to get H1 from canada/mexico anyway