I'm currently in USA on a B-1 visa but last year I was here on the J-1 and I didn't burn all the 2 years in my country (the 2 years home country rule).
Great question. We get this one a lot. If you are subject to the J-1 two-year home residency requirement (HRR), then you would not be able to file for a green card, even if based on marriage to a US citizen, until after you have either (1) satisfied the two-year HRR or (2) obtained a waiver of the two-year HRR requirement.
In your case, it sounds like you are certain that the two-year HRR applies to you, in which case you could explore available waiver options, which could include a no objection waiver, a hardship waiver, a persecution waiver or an interested government agency waiver (not all people are eligible for all of these waiver types, though - it depends on what type of J-1 status you had).
If you are not 100% certain if the two-year HRR applies to you, then it's also worth exploring with an attorney to confirm if it actually applies to you or not. We have seen situations where an individual thinks they are subject to the two-year HRR because of a government official's annotation on a visa or DS-2019, but sometimes those annotations can be incorrect.
I hope you found this response to be helpful.
I just became a US citizen. Can I apply for my parents to get greencards? My parents moved to the US about 9 years ago. They came on tourist visas and never left. I was 12 yrs old at the time. But now I'm a US citizen. Can I apply for my parents?
Congratulations on becoming a U.S. citizen! Now that you are a U.S. citizen, as long as you are over the age of 21, you can sponsor your parents for a green card. Since your parents overstayed, there are a few issues that you will want to handle carefully, but we see this issue a lot and we typically don't have any issues getting these types of applications approved.See question
I am a Syrian physician who entered the state on J1 Visa , later I applied for TPS and got the approval and the EAD . What will happen if I want to drop the J1 and continue on TPS EAD ? What will happen to the 2 year home country residency ? Ho...
Even if you decide to work on TPS and drop your J-1 status, you will still be subject to the J-1 home residency requirement and you would only be able to apply for U.S. permanent resident (green card) status after obtaining a waiver of the requirement. As an physician from Syria, you may have a claim for a hardship or persecution waiver. Every case is different, but we have had Syrian physician clients successfully obtain these types of waivers recently. I recommend that you speak with an immigration attorney familiar with Syrian physician issues to help you properly assess your options.See question
I am a commuter green card holder residing in Canada and working in US full time. I plan to move to US permanently.
We handle a lot of these types of cases, and in our experience, It is preferable to establish your U.S. residency first and then file the I-90 to convert from a commuter to a standard green card.See question
I am married to a foreign national from Thailand since December 29th 1992. However, I worked and traveled overseas with my family until lat year September 30th 2015. At which time we decided to reside in my home state of Michigan. All the years I ...
With the help of an experienced immigration attorney, a green card application for your spouse should go smoothly. You can search for qualified immigration attorneys on AVVO or http://www.ailalawyer.com/. When evaluating different attorneys, you should look for an attorney who can provide easy to understand advice, responsive and personalized service and fair, cost-effective legal fees. I would recommend trying to find attorneys who offer free initial phone consultations because this can give you a great sense of their experience, their communication style and whether you would be happy working with them. Best of luck with your attorney search!See question
I am currently employed and working on a cap-exempt visa. Another employer would like to "share" me with the current employer for a part time contract. Is it possible to switch my full time visa to a part time, and get a second one for the other e...
Yes, concurrent employment is permitted in H-1B status. Your current employer would need to file an H-1B amendment application to notify USCIS of your change to part-time employment. Your second employer would need to file an H-1B application to cover the concurrent employment, but it can be filed now because as long as the concurrent application is structured properly it would not be subject to the April 1 H-1B cap.See question
is it possible to transfer a H1B visa from cap-exempt employer to a cap-subject one without interrupting work? I know cap-subject visas are obtained around April 1 and only become active on October 1 but will I be allowed to continue working for m...
Yes, in certain specific situations, it can be possible to avoid a gap in employment authorization if your legal strategy is planned carefully. I recommend you discuss your situation with an immigration attorney experienced in these situations.See question
My wife petionned me to get my green card. We already went to the interview with USCIS back on January 2015. According to the USCIS we did not demonstrate enough evidence that our marriage is ligit. A couple of months later, ice agents came to my ...
Yes, you should certainly set up an appointment to speak with a qualified immigration attorney in person to make sure you get the assistance you need to resolve this important issue.See question
Hey Guys, if I am filing for a new E3 (outside of USA) due to change of employer - 1) Does my wife (who is on E3D) have to travel with me overseas when I go for stamping of my visa or can she stay back in US? 2) If my new E3 is approved, ...
Roy, Your wife does not need to travel with you to get a new E-3 visa. She just needs to make sure she extends her E-3 status (as indicated on her I-94 record) when appropriate. MarcSee question
Hey Guys, What would be the processing time for Filing form I-129 for E3 visa - Change of Employer? Regard, Roy
Roy - The processing time for an E-3 Change of Employer petition will be about 2-4 months, and unfortunately it is not eligible for premium processing. Also, you will not be able to start working for your new E-3 employer until the E-3 application is approved. If your new employer wants you to start sooner than that, you also have the option of submitting an E-3 visa application directly at a U.S. Consulate outside the U.S. Most of our clients in your situation generally choose to process their application at a Consulate due to timing issues. Good luck in your new job!