brb2
08-23 06:06 AM
Master's and higher, outside US has to be in the STEM fields to qualify.
Dixie and Other experts,
See copy-paste from the bill below:
It seems that Aliens who have earned Masters degree outside US 'AND' has
3 years experience in related field are listed along with those who have
masters or higher degree from US.
check sections (F), (I) and (K) below.
Does it mean non-US masters with 3 years exp too shall be excluded from
the numbers quota?��(I) Aliens who have earned a master�s degree or higher in science, technology, engineering, or math and have been working in a related
field in the United States in a nonimmigrant status during the 3-year
period preceding their application for an immigrant visa under section
203(b).
------------------------------ Copy paste ends --------------------
Dixie and Other experts,
See copy-paste from the bill below:
It seems that Aliens who have earned Masters degree outside US 'AND' has
3 years experience in related field are listed along with those who have
masters or higher degree from US.
check sections (F), (I) and (K) below.
Does it mean non-US masters with 3 years exp too shall be excluded from
the numbers quota?��(I) Aliens who have earned a master�s degree or higher in science, technology, engineering, or math and have been working in a related
field in the United States in a nonimmigrant status during the 3-year
period preceding their application for an immigrant visa under section
203(b).
------------------------------ Copy paste ends --------------------
wallpaper Slike IMT 539 2200e
GCNeophyte
08-16 01:32 PM
Thanks for the replies. I am going to consult with an Attorney.
I wanted to get other valuable opinions.
Congratulations...
I don't think your EB2 was automatically ported. This approval is one of the USCIS's unknown GC processing strategy. I have known two cases in EB3 got approved when PD's were in "Unavailable", Yes, its for EB3-I.
Don't think too much, have a professional advise and Enjoy your freedom.
I wanted to get other valuable opinions.
Congratulations...
I don't think your EB2 was automatically ported. This approval is one of the USCIS's unknown GC processing strategy. I have known two cases in EB3 got approved when PD's were in "Unavailable", Yes, its for EB3-I.
Don't think too much, have a professional advise and Enjoy your freedom.
Ann Ruben
02-23 10:58 PM
There are basically three options in your wife's case: Do nothing, file MTR, or travel abroad to obtain visa. It is not possible to evaluate these options without knowing the basis for the denial. Knowing whether or not your wife has a pending AOS along with a valid AP is also essential for making any recommendation about how to proceed.
2011 IMT 539 Deluxe
sertasheep
08-05 07:18 AM
Bump
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^
more...
lazycis
01-15 11:04 AM
See also
http://pubweb.fdbl.com/news1.nsf/d3d98eadd391e98486256aa90014645f/c93cb749b8d8eb65852569bd00730824?OpenDocument
On December 20, 2000, the Department of Labor (DOL) published interim finalregulations pertaining to H-1B Labor Condition Applications (LCAs) and implementing the American Competitiveness and Workforce Improvement Act of 1998 (ACWIA) (65 Fed Reg. 80109-80208). The lengthy rule, titled "Labor Condition Applications and Requirements for Employers Using Nonimmigrants on H-1B Visas in Specialty Occupations and as Fashion Models; Labor Certification Process for Permanent Employment of Aliens in the United States," generally will take effect January 19, 2001
The rule further clarifies that, in some cases, it is a violation of the wage obligations if an H-1B worker is required to reimburse or pay for attorney fees or other costs associated with the preparation and filing of the H-1B petition. Such payments are allowed only if the H-1Bs wage rate less these payments is greater than the required wage rate as listed on the LCA. If such payments would cause the H-1B's wages to fall below the required rate, they are prohibited. An H-1B may, however, be required to pay for certain costs, not considered the employer's expense, in connection with obtaining the H-1B visa. These include translation and visa fees.
http://pubweb.fdbl.com/news1.nsf/d3d98eadd391e98486256aa90014645f/c93cb749b8d8eb65852569bd00730824?OpenDocument
On December 20, 2000, the Department of Labor (DOL) published interim finalregulations pertaining to H-1B Labor Condition Applications (LCAs) and implementing the American Competitiveness and Workforce Improvement Act of 1998 (ACWIA) (65 Fed Reg. 80109-80208). The lengthy rule, titled "Labor Condition Applications and Requirements for Employers Using Nonimmigrants on H-1B Visas in Specialty Occupations and as Fashion Models; Labor Certification Process for Permanent Employment of Aliens in the United States," generally will take effect January 19, 2001
The rule further clarifies that, in some cases, it is a violation of the wage obligations if an H-1B worker is required to reimburse or pay for attorney fees or other costs associated with the preparation and filing of the H-1B petition. Such payments are allowed only if the H-1Bs wage rate less these payments is greater than the required wage rate as listed on the LCA. If such payments would cause the H-1B's wages to fall below the required rate, they are prohibited. An H-1B may, however, be required to pay for certain costs, not considered the employer's expense, in connection with obtaining the H-1B visa. These include translation and visa fees.
vivache
08-24 07:58 PM
Has anyone been to the Mumbai consulate for stamping
Can you let me know the process?
Also website where I can get more info?
Is this a drop docs at embassy .. and they mail it to you kind of thing?
Thanks
V
Can you let me know the process?
Also website where I can get more info?
Is this a drop docs at embassy .. and they mail it to you kind of thing?
Thanks
V
more...
s416504
11-02 11:36 AM
I heard under current USCIS procedures, USCIS scan an applicant for all existing I-140 approvals. You are then automatically assigned the earliest PD your are entitled to. (Multiple I140s with single I485).
I am not sure if they port PDs with different categories. Like One have EB3- PD2004 & EB2- PD2008 so EB2 will be ported to PD2004. I think they have have stpooed this & USCIS has started assigning multiple priority dates depends upon category.
I am not sure if they port PDs with different categories. Like One have EB3- PD2004 & EB2- PD2008 so EB2 will be ported to PD2004. I think they have have stpooed this & USCIS has started assigning multiple priority dates depends upon category.
2010 Slike TRAKTOR IMT 539
vishwak
03-09 12:41 PM
Hi All,
Please advise me on status below.
My wife currently working on EAD, previusly she is on H1B and here employer cancelled H1B when she took permanent.
Before coming to EAD, she travelled abrod and got I-94 till Sep-2010.
My Question is: Does she needs to get new I-94 after Sep-2010. I believe if she goes out of country she gets I-94 when travelling with AP...is this correct?? Can someone please tell me necessary steps to take care to maintain status when on EAD.
Thanks,
Vishwa.
Please advise me on status below.
My wife currently working on EAD, previusly she is on H1B and here employer cancelled H1B when she took permanent.
Before coming to EAD, she travelled abrod and got I-94 till Sep-2010.
My Question is: Does she needs to get new I-94 after Sep-2010. I believe if she goes out of country she gets I-94 when travelling with AP...is this correct?? Can someone please tell me necessary steps to take care to maintain status when on EAD.
Thanks,
Vishwa.
more...
breddy2000
03-09 10:22 AM
Why not? If multinational executives are not excellent enough to apply for EB1, who esle are?
Most of the Multinational executives are people who are managing their people(Onsite Project Managers and Onsite Co-ordinators) at the client locations and managing client relationship.
What I mean is, when you compare a NIW person( who is in research fields and publishes numerous papers and dedicated his/her life in scientific research, should be given preference over the Executive. EB1 belongs to exceptional individuals.
The general requirement is that the individual should have risen to the "top of her/his field of endeavor."
(i) as demonstrated by national or international acclaim
(ii) which should be recognized through extensive documentation and
(iii) the alien should continue the work in the same field and
(iv) would substantially benefit the U.S. prospectively
Hope you got it.
Most of the Multinational executives are people who are managing their people(Onsite Project Managers and Onsite Co-ordinators) at the client locations and managing client relationship.
What I mean is, when you compare a NIW person( who is in research fields and publishes numerous papers and dedicated his/her life in scientific research, should be given preference over the Executive. EB1 belongs to exceptional individuals.
The general requirement is that the individual should have risen to the "top of her/his field of endeavor."
(i) as demonstrated by national or international acclaim
(ii) which should be recognized through extensive documentation and
(iii) the alien should continue the work in the same field and
(iv) would substantially benefit the U.S. prospectively
Hope you got it.
hair 335/355 vs IMT 539/533
a_yaja
06-22 10:04 AM
1. No, unless she goes out of country and re-enters US on H1 visa on or after Oct 1st
Thanks but she has I-94 attached with her H1B. So the change of status from H4 to H1B is already approved. and thus she doesnot have to get out of country. Do you agree?
2. It will not invalidate H1 visa, but she will be in AOS Pending status. In order to be on H1 status, she needs to do #1
So if she doesnot use EAD, What will be her status after Oct 1? H1B or AOS-pending? I thought H1B is non-iimigrant status and there is nothing called AOS-pending status. Are they interrelated?
3. EAD is good for any employer (including H1 employer), but H1 is good for one employer (as mentioned in H1 approval notice). H1 can be revoked by employer.
Yap, but she is not planning to change employer. EAD needs to renwed every year and now USCIS has frozen interim EAD and in future, there will be uncertainity of "timely renewal" of EADs. So i would rather have my wife on H1B and not working with EAD.
SO the question is:
As her I-94 is attached and COS if approved with H1B, Can she work on I-485-EAD/H4 from Aug 1 - Sept 30 and then work on H1B from Oct 1 - next 3 years from the same company?
Please advise.
My understanding is that the COS is from H4 to H1. If you wife uses EAD to work, she will no longer be on H4 status. So, to get to the H1 status, she will leave the country and enter once again on H1. I think that is what desi3939 is also saying.
You should however consult a lawyer and get his/ her opinion. Everthing else is not legal advice and you should not go by our opinions.
Thanks but she has I-94 attached with her H1B. So the change of status from H4 to H1B is already approved. and thus she doesnot have to get out of country. Do you agree?
2. It will not invalidate H1 visa, but she will be in AOS Pending status. In order to be on H1 status, she needs to do #1
So if she doesnot use EAD, What will be her status after Oct 1? H1B or AOS-pending? I thought H1B is non-iimigrant status and there is nothing called AOS-pending status. Are they interrelated?
3. EAD is good for any employer (including H1 employer), but H1 is good for one employer (as mentioned in H1 approval notice). H1 can be revoked by employer.
Yap, but she is not planning to change employer. EAD needs to renwed every year and now USCIS has frozen interim EAD and in future, there will be uncertainity of "timely renewal" of EADs. So i would rather have my wife on H1B and not working with EAD.
SO the question is:
As her I-94 is attached and COS if approved with H1B, Can she work on I-485-EAD/H4 from Aug 1 - Sept 30 and then work on H1B from Oct 1 - next 3 years from the same company?
Please advise.
My understanding is that the COS is from H4 to H1. If you wife uses EAD to work, she will no longer be on H4 status. So, to get to the H1 status, she will leave the country and enter once again on H1. I think that is what desi3939 is also saying.
You should however consult a lawyer and get his/ her opinion. Everthing else is not legal advice and you should not go by our opinions.
more...
Dhundhun
06-08 01:36 PM
Dhundhun,
Thank you for your earlier help. I have one more question. My I485 with approved I140 EB2 catagory PD June 2006 is pending and God knows for how many days. My job as Mechanical Engineer is stable and employer is willing to help me. I have a PhD in Engineering with about 30 years experience in industry and teaching. However, because of industry work I do not have many publications. I am a Fellow of IEI and a recognised PhD guide in Indian University, can get good recommendations too. Can I try for EB1 in some catagory?
Thanks again
This site gives broad description of EB1 and its classification:
http://www.visaus.us/pages/greencard-EB1.htm
This is speciality area for lawyers: Can they put in EB-1(b) catagory, which is dependant on research/publication or EB-1(c) if on very senior management?
I think enough publications are required for EB-1(b), my couple of my friends with PhD could not get enough evidence to be placed in EB-1(b).
Thank you for your earlier help. I have one more question. My I485 with approved I140 EB2 catagory PD June 2006 is pending and God knows for how many days. My job as Mechanical Engineer is stable and employer is willing to help me. I have a PhD in Engineering with about 30 years experience in industry and teaching. However, because of industry work I do not have many publications. I am a Fellow of IEI and a recognised PhD guide in Indian University, can get good recommendations too. Can I try for EB1 in some catagory?
Thanks again
This site gives broad description of EB1 and its classification:
http://www.visaus.us/pages/greencard-EB1.htm
This is speciality area for lawyers: Can they put in EB-1(b) catagory, which is dependant on research/publication or EB-1(c) if on very senior management?
I think enough publications are required for EB-1(b), my couple of my friends with PhD could not get enough evidence to be placed in EB-1(b).
hot Imt 539 Images: IMT
ivgclive
05-18 06:53 PM
3 deportations at POE (EWR) till date this yr .
only offence was they all working in the midwest (Kansas) and their company was based in nj .. admins can we start tracking deportations and make this as a sticky
P.S I have not heard this from a friends friend .. i will give all the info to PAPPU or equivalent
thanks
Very first person who dares to say that, has information first hand.
Good job for your hard work.
only offence was they all working in the midwest (Kansas) and their company was based in nj .. admins can we start tracking deportations and make this as a sticky
P.S I have not heard this from a friends friend .. i will give all the info to PAPPU or equivalent
thanks
Very first person who dares to say that, has information first hand.
Good job for your hard work.
more...
house IMT 539delux images and photos
crsna
04-11 10:28 AM
Why are you waiting till jan 2008 to apply for green card? Once you file labor and complete one year, i believe you can keep extending your h1 on a yearly basis. So you do not have to go back to India.
Planning to apply GC in 2008 jan or sometime will it be fine. that time my H1 completes 4 yrs. How long will it take labour? will it be over by 2010?
once i file labour and if not cleared by 2010(h1 completes 6 yrs). i must go back india? right?
no other solution for this?
pls help me.
Planning to apply GC in 2008 jan or sometime will it be fine. that time my H1 completes 4 yrs. How long will it take labour? will it be over by 2010?
once i file labour and if not cleared by 2010(h1 completes 6 yrs). i must go back india? right?
no other solution for this?
pls help me.
tattoo Imt 539 Images: Imt 2050 Imt
shinjisakaru
05-25 01:26 PM
Fax sent
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pictures Imt 539 Images: IMT
RNGC
02-15 03:33 PM
^
dresses Imt 539 Images: Elektromotor
kannan
02-11 11:21 PM
count me too
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makeup Imt 539 Images: IMT - Stranica
handsome_man20740
04-22 02:25 AM
Folks,
go to the AILA site. and make this query as shown below. They have also started something similar and the idea as i expressed in my previous post is to contact congress about this problem. They also have a sample letter on this search.
http://www.aila.org/search/default.a...erm=green+card
Murthy.com is also doing something similar but folks we need a lof of people to come forward and kinda pester these senators and law makers, trying to impress the idea of contribution of foreigners.
http://www.murthy.com/news/n_morh1b.html
At least everyone can send an email to the senators.
Thanks
-H
go to the AILA site. and make this query as shown below. They have also started something similar and the idea as i expressed in my previous post is to contact congress about this problem. They also have a sample letter on this search.
http://www.aila.org/search/default.a...erm=green+card
Murthy.com is also doing something similar but folks we need a lof of people to come forward and kinda pester these senators and law makers, trying to impress the idea of contribution of foreigners.
http://www.murthy.com/news/n_morh1b.html
At least everyone can send an email to the senators.
Thanks
-H
girlfriend Imt 539 Images: Kategoritë:
calgirl
05-25 07:50 PM
`(G) Aliens who have earned an advanced degree in science, technology, engineering, or math and have been working in a related field in the United States under a nonimmigrant visa during the 3-year period preceding their application for an immigrant visa under section 203(b).
What does the above statement mean??
So, folks who have an advanced degree from the US are exempt from the cap? Or advanced degree plus 3 yrs of work exp is required?
Here is my reading of the amendment.
If you look at the original bill (S2611) Section 508 reads
SEC. 508. VISAS FOR INDIVIDUALS WITH ADVANCED DEGREES.
(a) Aliens With Certain Advanced Degrees Not Subject to Numerical Limitations on Employment Based Immigrants-
(1) IN GENERAL- Section 201(b)(1) (8 U.S.C. 1151(b)(1)), as amended by section 505, is amended by adding at the end the following:
`(G) Aliens who have earned an advanced degree in science, technology, engineering, or math and have been working in a related field in the United States under a nonimmigrant visa during the 3-year period preceding their application for an immigrant visa under section 203(b).
`(H) Aliens described in subparagraph (A) or (B) of section 203(b)(1)(A) or who have received a national interest waiver under section 203(b)(2)(B).
`(I) The spouse and minor children of an alien who is admitted as an employment-based immigrant under section 203(b).'.
**************************************************
Bingaman Amendment 4181 and 4182 on the other hand state
Notwithstanding any other provisions of this act the language in Title V Sec. 501 under the heading ``(2) VISAS FOR SPOUSES AND CHILDREN'' is null and void and the following shall be applicable in lien thereof.
``(2) VISAS FOR SPOUSES AND CHILDREN.--
``(A) IN GENERAL.--Except as provided in subparagraph (B), immigrant visas issued on or after October 1, 2004, to spouses and children of employment-based immigrants shall not be counted against the numerical limitation set forth in paragraph (1).
``(B) NUMERICAL LIMITATION.--The total number of visas issued under paragraph (1)(A) and paragraph (2), excluding such visas issued to aliens pursuant to section 245B or section 245C of the Immigration and Nationality Act, may not exceed 650,000 during any fiscal year.
************************************************** ****
Reading S2611 Section 508 in conjunction with SA4811 and SA4812 specifically shows that STEM + 3 applicants as well as their spouses and children are not subject to any caps. On the other had the troubling part is that those not covered by STEM+3 will have 450,000 principal applicant slots and therefore only 200,000 spouse and children slots. This discrepancy arises from the fact that Bingaman multiplied 290,000 by 1.2 to arrive at his figure while S2611 allows for 450,000 principal applicants in the 1st 10 years to remove backlog.
SA 4188 is not currently available for reading and it will be interesting to see what change has been made to the language in 508(a)(1)(G) to allow all STEM +3 to be exempt. It would also be interesting to see whether language in Sec 508(b)(3)(III) has been changed to reflect the changes in 508(a)(1)(G)
Note that if both these sections are changed to allow all STEM+3 then labor certification too becomes easier. Hopefully changes here can provide some relief from Bingaman's torpedo.
I would appreciate comments as my analysis may be wrong.
What does the above statement mean??
So, folks who have an advanced degree from the US are exempt from the cap? Or advanced degree plus 3 yrs of work exp is required?
Here is my reading of the amendment.
If you look at the original bill (S2611) Section 508 reads
SEC. 508. VISAS FOR INDIVIDUALS WITH ADVANCED DEGREES.
(a) Aliens With Certain Advanced Degrees Not Subject to Numerical Limitations on Employment Based Immigrants-
(1) IN GENERAL- Section 201(b)(1) (8 U.S.C. 1151(b)(1)), as amended by section 505, is amended by adding at the end the following:
`(G) Aliens who have earned an advanced degree in science, technology, engineering, or math and have been working in a related field in the United States under a nonimmigrant visa during the 3-year period preceding their application for an immigrant visa under section 203(b).
`(H) Aliens described in subparagraph (A) or (B) of section 203(b)(1)(A) or who have received a national interest waiver under section 203(b)(2)(B).
`(I) The spouse and minor children of an alien who is admitted as an employment-based immigrant under section 203(b).'.
**************************************************
Bingaman Amendment 4181 and 4182 on the other hand state
Notwithstanding any other provisions of this act the language in Title V Sec. 501 under the heading ``(2) VISAS FOR SPOUSES AND CHILDREN'' is null and void and the following shall be applicable in lien thereof.
``(2) VISAS FOR SPOUSES AND CHILDREN.--
``(A) IN GENERAL.--Except as provided in subparagraph (B), immigrant visas issued on or after October 1, 2004, to spouses and children of employment-based immigrants shall not be counted against the numerical limitation set forth in paragraph (1).
``(B) NUMERICAL LIMITATION.--The total number of visas issued under paragraph (1)(A) and paragraph (2), excluding such visas issued to aliens pursuant to section 245B or section 245C of the Immigration and Nationality Act, may not exceed 650,000 during any fiscal year.
************************************************** ****
Reading S2611 Section 508 in conjunction with SA4811 and SA4812 specifically shows that STEM + 3 applicants as well as their spouses and children are not subject to any caps. On the other had the troubling part is that those not covered by STEM+3 will have 450,000 principal applicant slots and therefore only 200,000 spouse and children slots. This discrepancy arises from the fact that Bingaman multiplied 290,000 by 1.2 to arrive at his figure while S2611 allows for 450,000 principal applicants in the 1st 10 years to remove backlog.
SA 4188 is not currently available for reading and it will be interesting to see what change has been made to the language in 508(a)(1)(G) to allow all STEM +3 to be exempt. It would also be interesting to see whether language in Sec 508(b)(3)(III) has been changed to reflect the changes in 508(a)(1)(G)
Note that if both these sections are changed to allow all STEM+3 then labor certification too becomes easier. Hopefully changes here can provide some relief from Bingaman's torpedo.
I would appreciate comments as my analysis may be wrong.
hairstyles Imt 539 Images: Kategoritë:
apahilaj
02-11 06:39 PM
Count me in. No FP Notice yet.
same here...
Opened second SR today for my self and my spouse.
same here...
Opened second SR today for my self and my spouse.
GC4US
08-29 01:05 PM
Actually it was before July 30 that you could send it to either service center, but like I said earlier, with all the internal transfering that's going on, hopefully you'll be ok.
I found this link, please see and tell me what is your interpretation:
http://www.uscis.gov/files/pressrelease/UpdateDirectFiling062107.pdf
The effective date of the �Direct Filing� instructions for all of forms I-129F, I-131, I-140, I-360, I-485,
I-765 and I-907 is July 30, 2007, and coincides with the effective date of the fee increase for all immigration benefit applications and petitions. During the first 30 days of �Direct Filing� (July 30 to August 28), USCIS will not reject any form incorrectly filed at the prior filing location. However, applicant must include the correct fee and must meet all other requirements for a proper filing. Beginning on or after August 29, 2007, USCIS will reject any of the forms listed above that are filed with the incorrect filing location. Those rejected and returned forms will include the fee and instructions for proper filing.
Effective July 30, 2007.
Please share your opinion about this....I really want to make sure that I'm safe.
Thanks in advance.
I found this link, please see and tell me what is your interpretation:
http://www.uscis.gov/files/pressrelease/UpdateDirectFiling062107.pdf
The effective date of the �Direct Filing� instructions for all of forms I-129F, I-131, I-140, I-360, I-485,
I-765 and I-907 is July 30, 2007, and coincides with the effective date of the fee increase for all immigration benefit applications and petitions. During the first 30 days of �Direct Filing� (July 30 to August 28), USCIS will not reject any form incorrectly filed at the prior filing location. However, applicant must include the correct fee and must meet all other requirements for a proper filing. Beginning on or after August 29, 2007, USCIS will reject any of the forms listed above that are filed with the incorrect filing location. Those rejected and returned forms will include the fee and instructions for proper filing.
Effective July 30, 2007.
Please share your opinion about this....I really want to make sure that I'm safe.
Thanks in advance.
centaur
02-23 09:52 AM
It's not easy to get a J-1 waiver, but with recent changes in the rule, by the time you finish your residency it will be easier. Its easy to get waiver in family practice or psychiatry. Its harder for Internal Medicine/pediatrics/Surgery and fellowships (except Geriatrics)
1) You can get a J-1 visa, but your husbands 140 has nothing to do with this. However, on the positive side, if by the time you complete your residency and donot have a J-1 waiver job and your husband is still maintaining his H-1B or has a GC, you can stay in the US and look for job, but not work. So it gives you more time to find waiver job.
From personal experience, it would be better to go home for two years, while your husband stays here and then you come back as GC and start your practice. But thats for later.
2) You cannot file 485 for your self till waiver is done if you take J-1. If you can wait for a couple of years for the GC (likely soon after retrogression is resolved) and then start residency, then you probably could just start on GC. But its a hard decision, as you dont know if you will get residency after this time or retrogression will resolve soon.
Its frustrating I understand.
Good luck
My husband is working on H-1 B and his I -140 is approved and I am on H-4 visa. I am trying to get in US medical residency and most likely I will get J-1 visa
I have following questions -
1) Do I qualify for non-immigrant, J-1 visa considering my husband's I-140 approval? Would his I-140 approval not have my name associated to it ?
2) Once I accept J-1 visa, would I be able to file I-485 when my husband's PD will be current?
3) If I decide to quit residency after few months/year to file, would I be able to convert my J-1 visa to H-4 visa again?
4) After converting H-4 visa would I be able to file I-485 once my husband's date is current?
5) How difficult or easy is to get J-1 wavier
Thanks in advance for your replied
1) You can get a J-1 visa, but your husbands 140 has nothing to do with this. However, on the positive side, if by the time you complete your residency and donot have a J-1 waiver job and your husband is still maintaining his H-1B or has a GC, you can stay in the US and look for job, but not work. So it gives you more time to find waiver job.
From personal experience, it would be better to go home for two years, while your husband stays here and then you come back as GC and start your practice. But thats for later.
2) You cannot file 485 for your self till waiver is done if you take J-1. If you can wait for a couple of years for the GC (likely soon after retrogression is resolved) and then start residency, then you probably could just start on GC. But its a hard decision, as you dont know if you will get residency after this time or retrogression will resolve soon.
Its frustrating I understand.
Good luck
My husband is working on H-1 B and his I -140 is approved and I am on H-4 visa. I am trying to get in US medical residency and most likely I will get J-1 visa
I have following questions -
1) Do I qualify for non-immigrant, J-1 visa considering my husband's I-140 approval? Would his I-140 approval not have my name associated to it ?
2) Once I accept J-1 visa, would I be able to file I-485 when my husband's PD will be current?
3) If I decide to quit residency after few months/year to file, would I be able to convert my J-1 visa to H-4 visa again?
4) After converting H-4 visa would I be able to file I-485 once my husband's date is current?
5) How difficult or easy is to get J-1 wavier
Thanks in advance for your replied
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