My wife is working here in the US on J-1 visa as a Post Doctoral Fellow and She is subject to 2HRR requirement.I came to United States last year on J-2 visa from India and after few month I applied and got the EAD card and now I am also working for XYZ IT company here in the USA and I am subject to two HRR requirement as well. My employer wants to file H-1B visa for me but my wife does not have an offer for H-1B visa so in that case Can I (J-2 visa holder) file a waiver petition independently of the J-1 Principal?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
https://youtu.be/XAfykYM-cUQ?t=89
FAQ Transcript:
Topics for Discussion:
FAQ: J-2 or J-1 with 212(e) HRR converting to F-1 student; FAQ: For PERM is formal certificate required or completion of degree is enough; Correcting dates on I-94; Travel while H-1 extension pending – change in I-94#; Changing employers - what immigration documents should I keep; FAQ: Maternity leave on H-1, FMLA and status.
Other: Multiple I-140 approvals; I-140 denial; Cap-gap extension; Effect of change in citizenship on H-1; PERM/AC21 and multiple I-485 filing; Family-based green card change in category; Child turning 21 – CSPA and derivative non-immigrant status loss; L-1A visa and EB-1C filing; Filing I-485 for spouse; PERM more than 50% different job; Cross chargeability; I-130 fraud by spouse; Maternity leave on H-1; AOS filing; F-2 COS; H-1quota, etc.
I want to pursue MS Degree from US and presently I am living in the US on J-2 visa. My wife is working as a Post doctoral Fellow here on J-1 visa. We both are subject to two years Home Residency Requirement.
My concern is that how can I change my visa status from J-2 to F-1. Do I need to get a waiver before applying -F1 visa?
See clip from Attorney Rajiv S. Khanna's conference call video that addresses this question.
Question 1: Redo the PERM or just the I-140. If redoing the PERM again then what's new in this regulation?
Answer: After 180 days, you can extend H-1 even if 140 is withdrawn.
Question 2: It seems that there is no easy provision for EAD/AP for approved 140 applicants. So is there any point in waiting for this rule or Should I consider Visa stamping is only option for traveling outside US? Please suggest as I waited for a year or long thought they are going to give AP.
Discussed: Gap in status (H-4); EB-3 or EB-2 PERM distinction; BALCA appeal times; obtaining copy of I-140 receipt/approval FOIA; options to work after 6 years of H-1; Sponsoring green card while living outside the USA; OPT issues; CR-1 to IR; Obamacare and affidavit of support; cross-chargeability; E-1 visa; H-1B amendment; H-1 quota issues; multiple H-1 approvals; continuous residence for US citizenship/naturalization; I-140 revoked priority date; green card for researchers; etc.
What are the requirements to get a visa and green card as an international entrepreneur? Is the start-up visa effective?
Watch the Video on this FAQ: Current immigration/visa options for entrepreneurs
Video Transcript
A few options for Entrepreneurial Visas:
Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
USCIS today announced (PDF) that, due to the Oct. 3, 2018, termination of the 1955 Treaty of Amity, Economic Relations, and Consular Rights with Iran, Iranian nationals are no longer eligible for E-1 treaty trader and E-2 treaty investor changes or extensions of status based on the treaty.
Certain New Zealand nationals can now request a change of status to the E-1 nonimmigrant trader classification and the E-2 nonimmigrant investor classification under Public Law 115-226.
Mexico, D.F., June 20, 2012 - U.S. consular operations in Mexico rank number four worldwide in issuance of Investor and Treaty Trader visas. This is a critical program to stimulate foreign direct investment in the United States. To more efficiently process visas for investors and traders, the U.S. Mission in Mexico announces two changes in the procedures for applying for and renewing Treaty Trader (E-1) and Treaty Investor (E-2) visas.
The U.S. State Department is launching a pilot program to pre-screen E-1/E-2 visa applicants at consular posts in Canada. Kentucky Consular Center officials will contact the E-1/E-2 applicant's U.S. employer to verify information about the application, including the legitimacy of the company and the investment. This prescreening aims to assist consular officers to focus on the individual applicant's qualifications. The State Department hopes to implement the pilot around the world at consular posts that process E visa applications.
What kind of problems can employment-based nonimmigrants (H-1, L-1, E-1, E-2, E-3, TN) face during reentry?
I think this question is most relevant for H-1 holders, but other employment-based nonimmigrants may also note the general principles here.
USCIS does not believe that a J-2 dependent of a J-1 foreign medical graduate can change to H-1B status, or any other employment-authorized nonimmigrant classification (with the exception of T or U status) until the principal Conrad State 30 waiver recipient has fulfilled his or her three-year employment obligations in a medically underserved area.However, USCIS is open to reviewing current regulations and considereing whether steps should be taken to enable such J-2 dependents to engage in employment while in H-4 status.
We filed an application seeking a waiver of the foreign residence requirement for our client based on exceptional hardship upon the client’s U.S. citizen child. We argued that the minor child would suffer extreme hardship if he were forced to leave the U.S. with his mother to fulfill the two-year home residency requirement because of a serious medical condition, for which treatment was not readily available in the applicant’s home country. We provided ample supporting documentation in this regard.
An experience from our community reader:
I did not have to go through the grueling J-1 HRR process from India. A matter of fact for your reference, a lot of students coming from India to US on J-1 for internship or completing their last semester are put on J-1 HRR directly without any inquiry into their application at the visa window. This causes a lot of stress to individuals under J-1 HRR and very few know that J-1 HRR Advisory opinion exists. I had been reading a lot of articles and on the USIEF website when I came to know about this and applied to see after 2 months that the J-1 HRR was never applicable to me.
Rajiv's Response:
Thanks for sharing. People, note, it is a good idea to confirm whether or not you are in fact subject to the HRR. We have been doing that for years in cases where there is a likelihood that you are not subject to HRR. Two typical situations where you may NOT be:
1. No US federal government funding (reinforced by suffix "P" instead of "G" in your program number) and
Let’s say that a J-2 visa holder enters the United States as a derivative of a J-1 principal who is subject to the two-year home residency requirement of INA 212(e). Without leaving the United States, she later changes status from J-2 to J-1. The J-1 program in which she participates as the principal is also subject to INA 212(e). Thus, the person is independently subject to INA 212(e) based on two separate programs – her husband’s (as a J-2 derivative) and her own (as a J-1 principal). Please confirm that this person may file a single DS-3035 form that includes all DS-2019s from both programs and receive a single waiver covering both programs.
In this situation, the applicant’s J-1 waiver does not cover her period in J-2 status. 9 FAM 41.62 states that if an alien is subject to the two-year foreign residence requirement, the spouse and child of that alien are also subject to that requirement. Thus, the individual you have described would need a separate waiver to cover the time that she spent in J-2 status that subjected her to the two-year home residency requirement.Two separate DS-3035 applications would therefore be required in this circumstance.
I got a J-2 visa and my wife on J-1 recently in which we have never travelled to US yet. Now my employer is ready to apply a L-1B for me and my wife L-2. Is this possible? Or will I be subjected to 2 years home stay restriction which is applicable for J visa without travelling on J. Will it be a problem in US consulate when I appear for L-1 visa as me and my wife have J-2 and J-1?
If I remember correctly, 212(e), the HRR, does not apply till you actually use the visa.
Release Date
U.S. Citizenship and Immigration Services is updating guidance in the USCIS Policy Manual to address the documentation that certain E and L nonimmigrant spouses may use as evidence of employment authorization based on their nonimmigrant status.
Release Date
U.S. Citizenship and Immigration Services (USCIS) is providing information for nonimmigrant workers whose employment has terminated, either voluntarily or involuntarily. These workers may have several options for remaining in the United States in a period of authorized stay based on existing rules and regulations.