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aryaDheeraj

Switching from H4 to J1 visa

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My wife is an international medical graduate and selected for residency training in the US and she will start the training from July 1st.

My wife needs to switch to j1 visa to start training . She could switch to J1 visa by attending the visa interview in India or apply for COS within the US it self .

My  I140 is approved and  my wife holds a H4 EAD which is valid till August ,2020.  Since I have a valid I140 , is there any negative effect on my Wife’s J1 visa out come while attending for visa interview in India due to the fact that I am on H1B visa Which has an immigration intent , even though my wife has 2 years mandatory  home residency return policy. Please advise .

 

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On 3/24/2019 at 11:40 PM, aryaDheeraj said:

My wife is an international medical graduate and selected for residency training in the US and she will start the training from July 1st.

My wife needs to switch to j1 visa to start training . She could switch to J1 visa by attending the visa interview in India or apply for COS within the US it self .

My  I140 is approved and  my wife holds a H4 EAD which is valid till August ,2020.  Since I have a valid I140 , is there any negative effect on my Wife’s J1 visa out come while attending for visa interview in India due to the fact that I am on H1B visa Which has an immigration intent , even though my wife has 2 years mandatory  home residency return policy. Please advise .

 

Yes, she needs to go to India to get J-1 stamped.

It's a pickle that she went to J-1 visa. Had she accepted residency without that visa, she would have not needed to do anything but just to start residency on EAD. By signing up for J-1 she will become exchange student from India who will perform training and has to abide the contract. She doesn't need to worry now about 2 year rule. Once she finishes it, she can go back to India for 2 years or do J-1 waiver job in undeserved area while on H1b.

If you want more details send me you phone or email.

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15 hours ago, care_candidate said:

Yes, she needs to go to India to get J-1 stamped.

It's a pickle that she went to J-1 visa. Had she accepted residency without that visa, she would have not needed to do anything but just to start residency on EAD. By signing up for J-1 she will become exchange student from India who will perform training and has to abide the contract. She doesn't need to worry now about 2 year rule. Once she finishes it, she can go back to India for 2 years or do J-1 waiver job in undeserved area while on H1b.

If you want more details send me you phone or email.

Can you please answer if there is any problem for getting J1 visa in India  because of my i140?

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No problem. They will not discuss you during interview. It will be about her program, specialty, duration. Her visa will have 212(E) rule and normally expiration for a year.

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Generally and usually J1 for Medical residencies is not an issue. Over the last 2 decades I have never come across any of my Colleagues having trouble getting a J1 based on ECFMG sponsorship.

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On 3/28/2019 at 9:12 AM, pontevecchio said:

Generally and usually J1 for Medical residencies is not an issue. Over the last 2 decades I have never come across any of my Colleagues having trouble getting a J1 based on ECFMG sponsorship.

Thanks for your reply. Does my wife need to prove that she has no intent to immigrate to the US? Do the consular office ever know my immigration status during her visa interview? My i140 was approved before our marriage and I don't think I ever included her name in my petition for the green card.

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On 3/27/2019 at 8:23 AM, care_candidate said:

No problem. They will not discuss you during interview. It will be about her program, specialty, duration. Her visa will have 212(E) rule and normally expiration for a year.

Ok, thanks. I have seen posts online by few attorneys suggesting that candidates who appears for J1 interview need to prove that they have don't have immigration intent and they may face a problem if the spouse is applied for i140. Is it safe to apply for COS in the US but start the residency on h4 EAD and change to J1 when COS petition is approved?

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6 hours ago, aryaDheeraj said:

Ok, thanks. I have seen posts online by few attorneys suggesting that candidates who appears for J1 interview need to prove that they have don't have immigration intent and they may face a problem if the spouse is applied for i140. Is it safe to apply for COS in the US but start the residency on h4 EAD and change to J1 when COS petition is approved?

If your wife admitted to residency program on J-1, it is mandatory to do that from first day. By not doing so, she is jeopardizing her status as well as admission into program. I recommend not to toy with it and follow straight path that is given to her.

Coming back to your first questions, when someone joins starts status on J-1 (or many other non immigrant status: Work or study), he or she is sole candidate responsible for maintaining that status. Your marriage and future intentions does not interfere with the law. This is even true when husband and wife are logically to remain in one place/country.

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