VK0023 Posted February 4, 2015 Report Share Posted February 4, 2015 Hi did any one face this situation and have any suggestions. I have completed 5 years of H1b visa and i am left with 1 more year of H1b. I am gonna start new residency program which will last for 4 more years. So I am gonna use my 6th year H1b on 1st year of residency program and planning to convert to J1 visa for rest of 3 years Residency program. My question is 1) after my residency, if i get J1 waiver job will I be able to convert to H1 B and work in USA without going out of USA for an year because i used all my 6 year H1 b visa ? 2) Or If My spouse gets his EAD by completion of my residency will I be able work in USA without going out of USA if I was onf J1 for my residency . Will I be able get EAD based on his and work or my J1 will not allow it ? 3) Is it better to save my 6th year H1b period and convert to J1 for 4years instead of consuming all H1b years Thank you, Rk Link to comment
JoeF Posted February 4, 2015 Report Share Posted February 4, 2015 To get a new 6-year H1, you have to be outside the US for one year. No exceptions. J1 Waiver doesn't matter for that. Link to comment
jairichi Posted February 5, 2015 Report Share Posted February 5, 2015 1. No. 2. Your question is confusing. 3. Anyway you do you cannot stay beyond the max allowed stay of 6 years on H1B. It is kind of tough to move from H1B to J1. Link to comment
VK0023 Posted February 5, 2015 Author Report Share Posted February 5, 2015 1. No. 2. Your question is confusing. 3. Anyway you do you cannot stay beyond the max allowed stay of 6 years on H1B. It is kind of tough to move from H1B to J1. Hi jairich.. My 2nd point is my Husbands priority date is jan 2011. So We are thinking that he may get his EAD by 2018. If i am doing my residency on J1 and will complerte it by 2019 . So Will I able to get EAD based on my spouse priority date and work on EAD? Link to comment
VK0023 Posted February 5, 2015 Author Report Share Posted February 5, 2015 1. No. 2. Your question is co To get a new 6-year H1, you have to be outside the US for one year. No exceptions. J1 Waiver doesn't matter for that. Hi My 2nd point is my Husbands priority date is jan 2011. So We are thinking that he may get his EAD by 2018. If i am doing my residency on J1 w and will complerte it by 2019 . So Will I able to get EAD based nfusing. 3. Anyway you do you cannot stay beyond the max allowed stay of 6 years on H1B. It is kind of tough to move from H1B to J1. Link to comment
jairichi Posted February 5, 2015 Report Share Posted February 5, 2015 Hi jairich.. My 2nd point is my Husbands priority date is jan 2011. So We are thinking that he may get his EAD by 2018. If i am doing my residency on J1 and will complerte it by 2019 . So Will I able to get EAD based on my spouse priority date and work on EAD? No, if your J1 is subject to 212(e). Check with an attorney as I am not 100% sure about this answer. Link to comment
Cleop76 Posted January 23, 2017 Report Share Posted January 23, 2017 Hello VK0023, As this thread is pretty old, not sure if you had found a solution or path that you are following to remain in the US after your J1 visa/residency is going to completed. Please do respond either way as I was in a similar situation and had discussed my available options with a few attorneys so if you still have any questions, let me know. Link to comment
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