Sponsored Links
Results 1 to 5 of 5
  1. #1
    fancythis is offline Newbie 510 points
    Join Date
    Feb 2006
    Posts
    18
    Downloads
    0
    Uploads
    0
    Thanks
    0
    Thanked 0 Times in 0 Posts

    Visa confusion - Can somebody help? Going with spouse.

    Advertisements



    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 . . . .

  2. #2
    arpitp is offline Newbie 510 points
    Join Date
    Oct 2008
    Posts
    8
    Downloads
    0
    Uploads
    0
    Thanks
    0
    Thanked 0 Times in 0 Posts
    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.

  3. #3
    gtp
    gtp is offline Newbie 510 points
    Join Date
    May 2012
    Posts
    2
    Downloads
    0
    Uploads
    0
    Thanks
    0
    Thanked 0 Times in 0 Posts
    Quote Originally Posted by arpitp View Post
    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.

  4. #4
    TAMallick is offline Junior Member 510 points
    Join Date
    Apr 2012
    Location
    Dhaka, Bangladesh
    Posts
    27
    Downloads
    0
    Uploads
    0
    Thanks
    0
    Thanked 0 Times in 0 Posts
    I think it would be better, if you first complete your residency and then apply for your husband and daughter.

  5. #5
    drj2b is offline Senior Member
    Join Date
    Mar 2005
    Location
    NYC
    Posts
    511
    Downloads
    0
    Uploads
    0
    Thanks
    0
    Thanked 0 Times in 0 Posts
    Quote Originally Posted by fancythis View Post
    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 . . . .

    I know this reply is definitely useless for you now...but
    The best option I think for you was to come on J1 status, as that will give your husband J2 status, which allows him to work.
    The 2 year return home clause is after you have completed your residency (assuming it's a routine 3-5 year residency).
    Obtaining a waiver job is not that big of a deal. There are many waiver eligible areas with vacancies.

    There is a saying...once a J...always a J. So no you can't switch from J to H during your J status, not even if you marry an American.

Similar Threads

  1. Confusion....!!
    By mihiramin in forum Windsor University School of Medicine
    Replies: 29
    Last Post: 03-25-2010, 03:44 PM
  2. Canadian Spouse Visa Questions
    By christine121 in forum Osteopathic Medicine D.O.
    Replies: 1
    Last Post: 12-13-2009, 02:14 PM
  3. J-1 visa features in congruance with I-129F finacee visa pet
    By monolith in forum Immigration Visa: H1B, J1 and Others
    Replies: 0
    Last Post: 04-06-2004, 07:16 AM
  4. Replies: 0
    Last Post: 04-06-2004, 07:15 AM
  5. spouse visa
    By canman in forum Ross University School of Medicine
    Replies: 2
    Last Post: 03-02-2004, 11:46 AM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •