urgent help plzzz

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faithnhope

Registered Users (C)
hi all,
I 'm lookin' for somebody's help here..i'd certailnly appreciate it..here's my case;

I'm in USA on J2 visa and my spouse on J1.
I've applied for the processin' of H1B thru my employer.
We came here in USA in Dec 2004 and my J2 visa is valid until Dec 2006.
My husband's J1 visa doesnt require him to do the 2yrs home residence.
Now that my employers attorney says that furnish the document which enables us to prove that we dont require the 2yrs home residence.
The Lawyer also says that every J1 exachange visitor has the 2 yrs home residence requirement.
We dont have any documents to prove that we dont require the 2yrs home residence.How can i prove it??
Also I'm on J2 so does it bothers me as I'm the one who change the status of my visa?
The J1 visa waiver program takes atleast 6 months, by that time, the time to file H1B will be over.
So I'm really frustrated.
My employer is not willin' to hire me on my EAD as they are lookin' for long term input.
plzzzzzzzzzz somebody help me here..

how can i convince the lawyer to file my H1B this year? Is there any option out there?
Also does this rule matter when its J2,not J1 status which is goin' to change..
is there any possibility that I can get a positive response..
cud someone tell me how to go abt this..

thanx a lot for ur time..
regards..
 
that's right. You show them your DS-2019, where it says: Bearer not subject to 212(e). THat's it. It's could also be indicated on your visa. your future employer's lawyer is somewhat uninformed (you can read 'incompetent').
 
j2 to h1b

hi lucy and ritu and evrybody,

thanx a lot for ur promt replies..

Unfortunately therez nothin' printed on our visa, neither "subject to HRR nor not subject to HRR"..we were not aware of these specifications earlier..
It's positive that my hubby doesnot have to go back to India for 2 yrs.Also he has done his Masters and PhD from the UK. And he was offered a 2 yrs Post doc here in Uni of MD when he was in the UK itself..But his passport doesnt mention abt the excemption niether does it mention that the rule applies to himmsame is the case with the DS2019 forms...

how can i convince the lawyer now? any idea?...
thanx a lot for ur advice
god bless
 
no comments on visa and DS2019

sorry to bother you LucyMO and Ritu, could you plz give me an advice to the above situation
thnxxxxx
regards
 
Hi Faithnhope!

I'm really no expert on this but, your visa or DS-2019 wouldn't say "HRR applies or not", it would be something like "Subject to INA 212(e)" or not....Did you check your husband's Visa? it should really be there!

If it's not, then how do you know it doesn't apply to you? Did you check the skills list for your country? Did your husband received $ from the US or home government for his POst-Doc here in the US? Those questions should direct you better...

Good Luck!
 
One more thing...

If your J1 is valid until Dec 2006, Can't you start the waiver process this year and file for the H1B on 2006? In this way you could be hired this year and continue working until you get the H1B on Dec 2006...

as I said, I'm no expert so I'm just asking...
 
Actually Lacv75, the visa or the ds-2019 form doesnot say even Subject to INA 212(e) or not.....

We actually got the VISA from UK (country of last residence) where the skill list doesnt apply. Howver, the country of my actual residence in India (where although there is a skill list .... my field is not in the list) I checked the sponsor as well... its not aided by the Govt.
I also spoke to a lawyer and they say if it is not stated "subject to 121(e)" it means I am not subject... however they are not ready too give in writing.






Lacv75 said:
Hi Faithnhope!

I'm really no expert on this but, your visa or DS-2019 wouldn't say "HRR applies or not", it would be something like "Subject to INA 212(e)" or not....Did you check your husband's Visa? it should really be there!

If it's not, then how do you know it doesn't apply to you? Did you check the skills list for your country? Did your husband received $ from the US or home government for his POst-Doc here in the US? Those questions should direct you better...

Good Luck!
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