was on J-1; need H-4

G

genericuser

Registered Users (C)
Hello everyone:

My girlfriend went back to India 3 months ago, she was on J-1 while she was in the US and was subject to two year rule. I am on H1-B. We are planning to get married in the next 3 months. We have contacted the US consulates in Chennai and New Delhi about the procedure to aply for H-4 and received conflicting information. Chennai said that we can apply for H-4 without a waiver and the consular officer would decide if visa can be granted. New Delhi mentioned that we need to apply for a waiver. I was informed about this forum as a great resource. Can anyone please advise on the following:

1. Can she aply for a h-4 after we get married or does she need to apply for a waiver before applying for a H-4 visa in India?
2. If she needs to apply for a waiver, can she apply from India?
3. Where can we find the related documents that need to be filed?
4. Is anyone aware how long this process would take if applied from India?

Any and all help is greatly appreciated. Thank you.
 
Hi,

First seek an advisory opinion from DOS, if your fiancee is subject to 2 year HRR or not. If in which, she has an obligation of staying in India for 2 years only exception would be a waiver.

There is no problem of getting an H4 Visa. But, keep in mind, procuring an H4 Visa will not eliminate the two year HRR.

1. Can she aply for a h-4 after we get married or does she need to apply for a waiver before applying for a H-4 visa in India?

She can apply for a waiver or an H4, I suggest applying for an H4 first.

2. If she needs to apply for a waiver, can she apply from India?

Yes, she can...

3. Where can we find the related documents that need to be filed?
http://parthaonimmigration.blogspot.com/search/label/J1 Waiver

4. Is anyone aware how long this process would take if applied from India?
It all depends on which kind of waiver you are planning for.
 
She in not eligible for an H visa (whether H-1B or H-4) if she is subject to HRR. Some consulates have given the visa stamp by error, but this will cause problems down the line. So I disagree with the previous poster, the waiver must be obtained first.
 
genericuser said:
Hello everyone:

My girlfriend went back to India 3 months ago, she was on J-1 while she was in the US and was subject to two year rule. I am on H1-B. We are planning to get married in the next 3 months. We have contacted the US consulates in Chennai and New Delhi about the procedure to aply for H-4 and received conflicting information. Chennai said that we can apply for H-4 without a waiver and the consular officer would decide if visa can be granted. New Delhi mentioned that we need to apply for a waiver. I was informed about this forum as a great resource. Can anyone please advise on the following:

1. Can she aply for a h-4 after we get married or does she need to apply for a waiver before applying for a H-4 visa in India?
2. If she needs to apply for a waiver, can she apply from India?
3. Where can we find the related documents that need to be filed?
4. Is anyone aware how long this process would take if applied from India?

Any and all help is greatly appreciated. Thank you.
Click to expand...

2 year home residency requirement means the person is subject to two years before he can obtain any dual intent visa like H (1 or 4) or GC.
 
Thanks everyone for their quick responses. I even contacted Chennai consulate over phone and they said that a waiver may not be necessary and it is upto the consular officer to decide the case. However, they replied to an email that I sent and indicated a waiver is indeed indicated.

Additionally, the Chennai consulate faq on j visas (at http://chennai.usconsulate.gov/j_visa_faqs.html and at https://www.vfs-usa.co.in/ApplnForms/RulesAndFees/Faqs.aspx) indicates that a waiver is only required for L-1, H-1 and other immigrant visas. Obviously H-4 is not in this list. I appreciate any insight that you may all provide regarding this. Thank you.

We would apply for a "no objection" waiver. Can anyone shed some light on how long the process would take?
 
Last edited by a moderator:
Hi
I know somebody personally, who was in US on J1 visa, then went back to India, and again came back on H4 visa as she got married to H1B holder. I think waiver is not required if u r coming back on spouse visa. If u were able to resolve this issue please post ur experience on this forum as it might be helpful others.

The overall waiver procedure takes 6-12 months in most cases.

thanks
 
Thank you Jais. I will let the forum know what happens. If you don't mind, could you please let me know a little more information about your friend's experience (such as which consulate your friend went to get H4 stamping, how long ago, and what kind of questions that were asked during the visa interview). I appreciate all your help.
 
She went to Delhi consulate, she got H4 visa in April this year and interview was straight forward as in case of other normal visa.

I remember somebody mentioned that consulate stamped H4 by error. I guess thats rare since on 156,157 and 158 u have to write all details of ur previous visits to US and respective visas ,this data is stored on consulate computer and they go thru whole data before stamping.

I even know people who got there J1 (with HRR) converted to J2 from india.
 
You must log in or register to reply here.
Top