H4 to H1 with past J1 waiver issue


nmod100

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My girlfriend (also from India) is currently a postdoctoral fellow on J1 and has not yet received the J1 waiver (2 year residency requirement). Her current position expires soon, so she is looking for a new position. We will be getting married next week. After our marriage she should be able to stay on H4 visa.

While on H4, she can convert to H1B subsequently if she gets a job offer by change of status

(COS). But in that case will it matter that she had J1 visa earlier and did not complete the J1 waiver

process?

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