Travel on H1-B/J1 or apply for immigration?

[siddiqui123]

Hoping to get some advice regarding bringing my soon to be wife to the US. I am a US citizen and she is an Indian citizen as of today who currently holds a B1/B2 visitor visa and we are both currently in India. 

 

Additionally, she is a doctor and hoping to get into a residency program in the US next year and needs to be in the country by June/July at the latest. The visa that the hospital she gets into/employer will be issuing around March/April will either be a H1-B or a J1 visa. Here are her potential options as far as I can tell - 

 

1) She travels on her employment based visa (H1-B/J1) and we get an adjustment of status later on. 

Unknowns/risks -

   a) she has to go through a consular interview process which I've known to be hit or miss.

 

2) I file for her as a dependent from here. 

Unknowns/risks - 

    a) can't say if she will become a permanent resident in time

    b) unsure whether she can travel on her employment visa while we wait

 

3) She travels on her visit visa and gets an adjustment of status.

Unknowns - 

    a) not sure if this visa will even be valid still once she has been granted an employment based visa?

 

If you could advise which option gives her the best chance at getting into america in the aforementioned timeframe, your help would be greatly appreciated! 

 

[pontevecchio]

The fact is that the number of Programs willing to sponsor the H1 are very few and most University Programs will not sponsor a H1. In case of a J1 she will need to undergo the 2-year HRR before she is able to adjust status.

If she is sponsored for the H1, she can come and adjust status as the H1 is dual Intent.

Consult a good Law firm, maybe the firm of Murthy in Chennai for guidance as to the best way forward. As F2A is current, maybe this is the way to go with a possible postponement of her residency to 2024.

[siddiqui123]

Thanks for your input @pontevecchio