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H4 visa application
Hi,
I am an Australian citizen currently in USA on J1 visa and working as a Research Engineer in a university till august 31 2005. I have got Duration of status stamped on my J1. I am not subject to the 2 year residency rule. My case for H1 is pending before INS through a different sponsor.
Recently my wife arrived in USA on J2 visa. She is an Indian citizen. Her visa expires on September 30 2005. She also has duration of status stamped and is a multiple entry visa. There has been a discrepency when obtaining her J2 visa from the consulate side. The descrepency is regarding her 2 year residency rule. The visa stamp in her passport says she is not subject to 2 year rule and her IAP-66 (DS-2019) mentions that she is subject to 2 year rule. We have asked INS for clarification through a letter and are waiting for reply.
My question is can I proceed and apply for my wife's H4 while waiting for the clarification from INS. I am unable to make a decision. Could some one help me.
Regards,
Srinivas
I am an Australian citizen currently in USA on J1 visa and working as a Research Engineer in a university till august 31 2005. I have got Duration of status stamped on my J1. I am not subject to the 2 year residency rule. My case for H1 is pending before INS through a different sponsor.
Recently my wife arrived in USA on J2 visa. She is an Indian citizen. Her visa expires on September 30 2005. She also has duration of status stamped and is a multiple entry visa. There has been a discrepency when obtaining her J2 visa from the consulate side. The descrepency is regarding her 2 year residency rule. The visa stamp in her passport says she is not subject to 2 year rule and her IAP-66 (DS-2019) mentions that she is subject to 2 year rule. We have asked INS for clarification through a letter and are waiting for reply.
My question is can I proceed and apply for my wife's H4 while waiting for the clarification from INS. I am unable to make a decision. Could some one help me.
Regards,
Srinivas
