Thread: Visa confusion - Can somebody help? Going with spouse.

I am closer to finishing my degree but there are a few things worrying me about all this visa stuff. First of all, my husband and daughter (toddler) will be coming with. However my husband needs to work. He has a really good job here and wants to continue working.
I've read that you cannot work on a J2 or H4 visa, unless you apply for permission? Is this true for both and how much does the J1 holder need to be earning in order to be granted permission to work on a J2?

- I also read that if you are on a J1 you have to go back home for two years after a certain number of years? How does this really work for Residency? What if you are still in the middle of your program, you can't just leave can you? How do others stay on and can you change from a J1 - H1B?

- If I manage to go on an H1B visa, I know that my husband will get a H4. I read somewhere that it's the devil's visa! Can you not apply to work at all?

- I guess what I'm trying to work out is how to apply for a residency post, obtain the right visa (which one?) which will allow my husband to work, as well as make sure I wont be tied to any conditions like "return to your home country for two years" etc.

Please educate me. I know I can read information from the US immigration website but I hope I will be able to get more convincing answers from people here since most are trying to do the same thing.
Help . . . .

A can't answer all your questions, but I hope this helps:

For the J2 visa (and maybe for the H4 too), you may need to get a "Employment Authorization Document" application. I don't know about a J1 salary limit/cap.

The J1 is good for 7 years. If ay any time in that 7 years (or after it) you don't have a job, you MUST return to your home country (the "home residence requirement" or HRR). The only 2 ways to bypass it are to get a HRR-waiver job after residency or marry a US resident and claim difficulties if you leave.
If your residency/fellowship will extend past a PGY-7 (i.e. has an 8th year), you will NOT be allowed to do it on the J1 visa.
You can only convert the J1 to an H1 if you get an HRR job first.

I'll post details about a comparison of visas in a new post.

Originally Posted by arpitp

A can't answer all your questions, but I hope this helps:

For the J2 visa (and maybe for the H4 too), you may need to get a "Employment Authorization Document" application. I don't know about a J1 salary limit/cap.

The J1 is good for 7 years. If ay any time in that 7 years (or after it) you don't have a job, you MUST return to your home country (the "home residence requirement" or HRR). The only 2 ways to bypass it are to get a HRR-waiver job after residency or marry a US resident and claim difficulties if you leave.
If your residency/fellowship will extend past a PGY-7 (i.e. has an 8th year), you will NOT be allowed to do it on the J1 visa.
You can only convert the J1 to an H1 if you get an HRR job first.

I'll post details about a comparison of visas in a new post.

Hello do you mind sharing where you got the information about bypassing the j1 visa? Everywhere I have researched says there is no way around it besides joining the military. They even specifically said that marriage wouldn't change anything. Please share. Thank you very much.

I think it would be better, if you first complete your residency and then apply for your husband and daughter.