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VK0023

after 6years H1B to J1 for 4 years and with waiver is possible to get H1b without returning back 2 years to home country.

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 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

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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.

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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.

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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?

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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.

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 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.

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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.

 

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