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  • H1B to J2

    Hi Guys,
    Currently I am on H1B. I already finished my 6 years and waiting on my PERM (for last one and half year) but have got a 1 year extension as my PERM was outstanding for more than 365 days.
    My wife is also on H1B.
    I am wondering what would happen if my PERM gets rejected. What are my options?
    My wife is resident doctor and could possibly go on J1 (She will most likely need to go on J1 anyway as she plans to do a fellowship and most fellowships are J1. We will look for waiver eventually)
    Can I then go on J2 at the end of the one year extension immediately and continue working (as you can work on J2)?
    Can meanwhile my company continue/restart my GC processing ? I guess answer to this is NO as J visa are not dual intent.
    What happens at the end of my wife's J1 visa and she goes on H1b as part of the waiver? I need to leave for a year and come back on H1b to work?

  • #2
    Any thoughts people?
    Would really appreciate if anyone has dealt with or know about a similar situation and can comment on this.

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    • #3
      H1b to j2

      Hi,

      I am in same situation currently, my wife is applying for j1 and my h1b 6 yrs expires in May, perm filed in October 2013.
      If I moved back to India I am not sure if my employer will allow me to come back after 365 days of perm pending or i140 approves which will take a year and year and half. So I am planning to apply for J2, could you please let me know if I can apply for j2 with my perm in progress or my perm has to be withdrawn and what are the chances of j2 rejection/ approval, since my perm was already filed.
      Since you were in the same position as me and assuming you might have figured out some thing by now I am asking this question to you.
      Appreciate your help in this regard.

      Fri

      - - - Updated - - -

      Originally posted by h1b_j1 View Post
      Hi Guys,
      Currently I am on H1B. I already finished my 6 years and waiting on my PERM (for last one and half year) but have got a 1 year extension as my PERM was outstanding for more than 365 days.
      My wife is also on H1B.
      I am wondering what would happen if my PERM gets rejected. What are my options?
      My wife is resident doctor and could possibly go on J1 (She will most likely need to go on J1 anyway as she plans to do a fellowship and most fellowships are J1. We will look for waiver eventually)
      Can I then go on J2 at the end of the one year extension immediately and continue working (as you can work on J2)?
      Can meanwhile my company continue/restart my GC processing ? I guess answer to this is NO as J visa are not dual intent.
      What happens at the end of my wife's J1 visa and she goes on H1b as part of the waiver? I need to leave for a year and come back on H1b to work?
      Hi,

      I am in same situation currently, my wife is applying for j1 and my h1b 6 yrs expires in May, perm filed in October 2013.
      If I moved back to India I am not sure if my employer will allow me to come back after 365 days of perm pending or i140 approves which will take a year and year and half. So I am planning to apply for J2, could you please let me know if I can apply for j2 with my perm in progress or my perm has to be withdrawn and what are the chances of j2 rejection/ approval, since my perm was already filed.
      Since you were in the same position as me and assuming you might have figured out some thing by now I am asking this question to you.
      Appreciate your help in this regard.

      Fri

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