H4B/J1 adustment of status / implications for permanent residency
Jun 19th 2002, 4:20 pm
#1
Guest
Posts: n/a
H4B/J1 adustment of status / implications for permanent residency
I am a Canadian working in the US under an H1B visa. My wife, (Canadian,
H4B), has been offered a training position with a local theatre company that would
seem to be an ideal fit for a J1 visa.
Questions:
I) For my wife to obtain a J1 visa I presume that she would need to file an I-129 for
adjustmemnt of status to J1. Is that correct?
J) Any idea of the processing times needed to get a J1 visa using this strategy ? I
can't decode the service center processing times to make a useful estimate.
K) Would my wife's J1 visa have a negative impact on her if we go ahead with an
application for permanent residency? Being Canadian, would she still need a waiver
of the home-return requirement before I begin man application for permanent
residency ?
Thanks for any advice.
Thomas M. [email protected]
H4B), has been offered a training position with a local theatre company that would
seem to be an ideal fit for a J1 visa.
Questions:
I) For my wife to obtain a J1 visa I presume that she would need to file an I-129 for
adjustmemnt of status to J1. Is that correct?
J) Any idea of the processing times needed to get a J1 visa using this strategy ? I
can't decode the service center processing times to make a useful estimate.
K) Would my wife's J1 visa have a negative impact on her if we go ahead with an
application for permanent residency? Being Canadian, would she still need a waiver
of the home-return requirement before I begin man application for permanent
residency ?
Thanks for any advice.
Thomas M. [email protected]
Jun 20th 2002, 7:20 am
#2
Guest
Posts: n/a
Re: H4B/J1 adustment of status / implications for permanent residency
On 19 Jun 2002 08:49:26 -0700, [email protected] (Thomas M.) wrote:
>I am a Canadian working in the US under an H1B visa. My wife, (Canadian,
>H4B), has been offered a training position with a local theatre company that would
> seem to be an ideal fit for a J1 visa.
>
>Questions:
>a) For my wife to obtain a J1 visa I presume that she would need to file an I-129
> for adjustmemnt of status to J1. Is that correct?
No. First, the term "adjustement of status" refers to something different. She'd
"change status".
Second, the form for that is I-539. In order to do that, she would have to first have
a form from the sponsoring organization (it used to be an IAP-66, but that recently
changed. I don't remember the name of the new form)
>b) Any idea of the processing times needed to get a J1 visa using this strategy ? I
> can't decode the service center processing times to make a useful estimate.
It can take a year to process an I-539, although lately I heard of some getting
approved in four to eight weeks.
A probably faster approach would be for her to leave the US and turn right around.
Being Canadian, she won't even need to get a visa; she can get J-1 status right at
the border.
>c) Would my wife's J1 visa have a negative impact on her if we go ahead with an
> application for permanent residency? Being Canadian, would she still need a
> waiver of the home-return requirement before I begin man application for
> permanent residency ?
My guess is that under the given circumstances, she wouldn't be subject to the HRR
unless government funding was involved.
Ingo
I am not a lawyer and this is not legal advice. For reliable advice, please consult
with a professional immigration attorney.
For further information, check the following frequently-requested links.
For many questions, you may find answers at
http://travel.state.gov/visa_services.html (Department of State)
or http://ins.usdoj.gov (INS).
For consular policies and visa reciprocity fees, find your consulate in
http://travel.state.gov/links.html
For visa denial and suggestions what to do about them, see
http://travel.state.gov/visadenials.html
For DOL Online Labor Certification: http://workforcesecurity.doleta.gov/
For information on affidavit of support for marriage to US citizens (I-864), go to
http://travel.state.gov/i864gen.html and http://travel.state.gov/checklist.html
For information on entering the US as a K-1: http://www.k1poelist.com/
For poverty levels, see http://aspe.os.dhhs.gov/poverty/00poverty.htm
For information on H/L/O/P visa extensions at Dept. of State in St. Louis, MO, see
http://travel.state.gov/revals.html
For non-official information, check:
(When using these sites, and any Web sites, please watch out for privacy, as I do not
know all site operators.)
http://www.visalaw.com http://www.shusterman.com http://www.immigration.com
http://members.aol.com/MDUdall http://www.murthy.com/ http://www.richw.org/dualcit/
(dual citizenship FAQ) http://www.ilw.com http://www.srs-usvisa.com
http://www.getusavisa.com http://greencard-lottery.virtualave.net/
http://www.jcvisa.com (H-1B) http://www.h1bresources.com (marriage and fiancee)
http://www.kamya.com/misc/ (marriage and fiancee)
http://www.mindspring.com/~docsteen/...o/visainfo.htm http://www.workpermit.com
This is not an endorsement of any of these Web sites. I am not affiliated with any of
the Web site owners and do not receive nor accept payment in return for listing them,
and typically don't even know them.
(if believe you have a good immigration-related Web site and want your Web site
listed here, please e-mail me).
>I am a Canadian working in the US under an H1B visa. My wife, (Canadian,
>H4B), has been offered a training position with a local theatre company that would
> seem to be an ideal fit for a J1 visa.
>
>Questions:
>a) For my wife to obtain a J1 visa I presume that she would need to file an I-129
> for adjustmemnt of status to J1. Is that correct?
No. First, the term "adjustement of status" refers to something different. She'd
"change status".
Second, the form for that is I-539. In order to do that, she would have to first have
a form from the sponsoring organization (it used to be an IAP-66, but that recently
changed. I don't remember the name of the new form)
>b) Any idea of the processing times needed to get a J1 visa using this strategy ? I
> can't decode the service center processing times to make a useful estimate.
It can take a year to process an I-539, although lately I heard of some getting
approved in four to eight weeks.
A probably faster approach would be for her to leave the US and turn right around.
Being Canadian, she won't even need to get a visa; she can get J-1 status right at
the border.
>c) Would my wife's J1 visa have a negative impact on her if we go ahead with an
> application for permanent residency? Being Canadian, would she still need a
> waiver of the home-return requirement before I begin man application for
> permanent residency ?
My guess is that under the given circumstances, she wouldn't be subject to the HRR
unless government funding was involved.
Ingo
I am not a lawyer and this is not legal advice. For reliable advice, please consult
with a professional immigration attorney.
For further information, check the following frequently-requested links.
For many questions, you may find answers at
http://travel.state.gov/visa_services.html (Department of State)
or http://ins.usdoj.gov (INS).
For consular policies and visa reciprocity fees, find your consulate in
http://travel.state.gov/links.html
For visa denial and suggestions what to do about them, see
http://travel.state.gov/visadenials.html
For DOL Online Labor Certification: http://workforcesecurity.doleta.gov/
For information on affidavit of support for marriage to US citizens (I-864), go to
http://travel.state.gov/i864gen.html and http://travel.state.gov/checklist.html
For information on entering the US as a K-1: http://www.k1poelist.com/
For poverty levels, see http://aspe.os.dhhs.gov/poverty/00poverty.htm
For information on H/L/O/P visa extensions at Dept. of State in St. Louis, MO, see
http://travel.state.gov/revals.html
For non-official information, check:
(When using these sites, and any Web sites, please watch out for privacy, as I do not
know all site operators.)
http://www.visalaw.com http://www.shusterman.com http://www.immigration.com
http://members.aol.com/MDUdall http://www.murthy.com/ http://www.richw.org/dualcit/
(dual citizenship FAQ) http://www.ilw.com http://www.srs-usvisa.com
http://www.getusavisa.com http://greencard-lottery.virtualave.net/
http://www.jcvisa.com (H-1B) http://www.h1bresources.com (marriage and fiancee)
http://www.kamya.com/misc/ (marriage and fiancee)
http://www.mindspring.com/~docsteen/...o/visainfo.htm http://www.workpermit.com
This is not an endorsement of any of these Web sites. I am not affiliated with any of
the Web site owners and do not receive nor accept payment in return for listing them,
and typically don't even know them.
(if believe you have a good immigration-related Web site and want your Web site
listed here, please e-mail me).
