J1 or H4 Visa

[balajigara]

Hi,

I recently got married and my wife did Phd.

I am on H1B visa and my I-140 is approved.My priority date is Nov -2010.

Here are my questions,

1)On which visa(J1 or H4) is best to come to US.

2)If she comes on J1,can i add her to my GC application while applying for 485.

3)If she comes on H4, can she change her status from H4 to J1 after applying my 485 with adding her to my application.

Thanks in Advance

Blue

[madeeha]

I have a similar query. My husband is on H1B VIsa, which got approved last year in october 2011. We got married the same month. I stayed back in India since I had to complete my PhD. Now, my PhD is complete and I would like to work after going to US.

I want to take J1 visa, but I am not sure if I will get it, because my husband has H1B. Please advise .

[sameern]

As far as I know, J1 has a two-year home country physical presence rule, but not sure if it is applicable to all J1s. To the best of my knowledge, a person who is on J1 status cannot file for adjustment of status (I-485) without finishing the 2 year rule. I could be wrong.