We are here in Us with J1 (my husband) and J2(myself)with EAD. I have got two question.
If we get a wavier from India for my husband
1. Can we apply for Green Card directly. or
2.Can I apply for H1B in the non profit organization, I am working now with my husband's wavier.Or only my husband can apply for H1B and I will become H4 and loose my job?
Please advice on thisWe have J1 valid visa till 2017. My husband is a researcher(Post doctoral fellow), we want to change our status before our Visa expires. So was wondering if we start our process for getting wavier from India,can we start directly applying for Green Card or we have to apply for H1B before Green Card.
More information is needed to answer your questions. Repost your question and explain first why you and your husband are subject to the two-year home residency requirement.
Mr. Shusterman's (former INS Trial Attorney, 1976-82) response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.
This is very fact specific and we could only guess about your options without having access to both of your immigration documents, history, and prior forms filed.
Legal disclaimer: The statement above is provided by CC Abbott is based on general assistance and not intended to be a legal opinion because not all the facts are provided. The person requesting information and all others reading the answer should retain an attorney who is permitted by the state bar within the jurisdiction who can examine the complete facts and provide a legal opinion on your case. All information provided in the above answer and other information provided by CC Abbott does not create an attorney/client relationship within any state of Federal law.
It depends on the basis of the J-1 waiver. For instance, if the waiver is granted based upon a no-objection statement issued by your home country, then once the waiver has been granted by USCIS it may be possible to change from J-2 to H-1B. On the other hand, there are some types of J-1 waivers such as a Conrad State 30 waiver granted to physicians who have obtained postgraduate medical training in J-1 status which require a medical service obligation be completed for the waiver to be satisfied. For this type of waiver, the J-1 can change to H-1B, but the J-2 can only change to H-4 status in the U.S. while the waiver obligation is being satisfied. USCIS further takes the position the J-2 spouse who has changed to H-4 status is also prohibited from changing from H-4 status to H-1B status until the spouse' s waiver obligation has been satisfied. On the other hand, until the waiver obligation has been completed It is possible for the J-2 spouse to depart the U.S., apply for an H-1B visa at a U.S. consulate abroad and reenter the U.S. in valid H-1B status. This assumes of course that an underlying H-1B petition has been approved for the J-2 spouse.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline