Spouse VISA J2 or H4 ?

[name123]

I am working on J1 in US since last 2 years and I still have 3 years on this particular VISA. I have few questions regarding the visit of my wife from INDIA: She wants to work here too so, my questions are:

 

 

1. What is beneficial for my spouse, J2 or H4 in terms of work in USA ?

 

2. Do the IT companies have any reservations in terms if preferences for J2 candidate instead of J1 or F1. 

 

3. How to change status from J2 to H1B ? Does she need to go india back ?

 

PS: I know that once on J2, she needs a waiver from HRR also like me, For that I have my all 3 NOCs ready and I can get a HRR waiver in two months whenever I want. 

 

A reply would be highly appreciated.

Best Regards

Vee

 

 

 

[jairichi]

 

I am working on J1 in US since last 2 years and I still have 3 years on this particular VISA. I have few questions regarding the visit of my wife from INDIA: She wants to work here too so, my questions are:

 

 

1. What is beneficial for my spouse, J2 or H4 in terms of work in USA ?

 

2. Do the IT companies have any reservations in terms if preferences for J2 candidate instead of J1 or F1. 

 

3. How to change status from J2 to H1B ? Does she need to go india back ?

 

PS: I know that once on J2, she needs a waiver from HRR also like me, For that I have my all 3 NOCs ready and I can get a HRR waiver in two months whenever I want. 

 

A reply would be highly appreciated.

Best Regards

Vee

 

(1) Since you are on j1 she can come as J2 and not H4. With J2 she can apply for EAD (Employment Authorization Document) and she could begin working once she gets it approved. She can work with J2 EAD as long as you apply for its renewal based on your DS2019.

(2) Not really. My wife worked with J2 EAD and her employer subsequently sponsored her H1B last year.

(3) Once her employer lets you know that they are interested in filing a H1B next April 2014, then submit (in Feb) your NOCs to DOS and USCIS and get it waived. Then her employer can apply for a COS from J2 to H1B. In this case she need not go back to her home country.

 

Remember that once your waiver is approved you and your wife with EAD can work till the last date mentioned in your DS2019. After that you have to move to H1B. 

[name123]

Many many thanks jairichi. 

Best regards