J1 visa questions for my future husband

[sue]

Hi
I am asking this for my husband "to be"....I'm us citizen and don't have to deal with such things!!!

My husband will be joining residency shortly and he got those few questions on J1:

1)when do you renew your visas ahead of time ????????suppose next year this time your visa about to expire and we got the contract for the next year......how much ahead of time will be the renewal or when should it be done ahead of time ???

2)can it be renewed in the USA ?

3)if you returned back home during your vacation in the internship year and at that time there will be "less than a month from the expiry of your multiple entry J1 visa " ....can you return back to USA without renewing it since it is still valid for 25 days and multiple entry.....?

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[Stormreaver]

I'm not an expert on such matters, but going through the J1 approval process, I should be able to help a bit:

1. The J1 visa is from the date of approval till June 30th of the next year (2003 in this case). The PGY-2 contracts are signed usually between January and March (depends on the program). The IAP-66 processing takes another 4-6 weeks. When the IAP-66 arrives, you can then get the visa renewed even though it has not expired, and it will be valid for the PGY-2 year (till June 30, 2004)

2. I'm not sure about this. Regulations are changing very quickly. I don't think it can be reneewd in the US, since my friends in residency used to get it done from Canada. Post-9/11 there are new rules in place, and I think "Country of Origin" is now mandatory. You'll have to check from the INS, though.

3. The J1 is a multiple entry visa, and you can freely enter and leave the US. When the IAP-66 arrives, tehre is documentation detailing procedures for travel outside the US.

 

[The Pill Counter]

If you get married before he begins his residency, there are no visa issues. If he begins first, then any old visa will do, J1 being easiest, then after you get married, all visa issues will become moot. If anyone knows better, please post.

 

[halothane]

J 1 is dead end. Even if you marry a citizen on a J 1 you need a national interest waiver( next to impossible to get) and will need to go back for 2 years before you can apply for H 1 or green card.
I would suggest getting married and filing a petition in New Delhi INS office if you are Indian or the Embassy of the country of his citizenship....green card takes only 3-4 months if applied for there and not in the US where it may take a year. Trust me.....I have many frustrated J1s in the family and its best to avoid it if possible if you want to have options open.

 

[Stormreaver]

The back of my IAP-66 reads "the 2-year home country residence requirement may still apply despite marriage to a US citizen...etc.etc.."

Halothane is right: if your husband gets a J1, he will have to return home for 2 years after his residency; a waiver is VERY hard to get these days.

 

[sue]

Thanks for your informative replies........
My fiancee told me that .....but we have no time to petiton for him a GC since we need 3 to 4 months for him to get the GC and he should start his residency in less than a month !!!!BAD LUCK!!!!and we are outside USA now so he could not get an EAD.So he will start on J1....
But my question here is : I have no problem going back with him for 2 years after he finishes his residency and fellowship......I have no problem going back with him for 2 years.....
But my questions are :-
1) Can I petition for him the GC if he fulfilled the 2 year home requirement........???????????
2) and Being outside USA for 2 years"after finishing residency and fellowship".......and by that time he will have the GC and he will be licened .......will he face difficulty finding a job in the USA by then? ??????

 

[Stormreaver]

1. Yes, you can sponsor him for a GC/work permit after completion of the 2-yr home country requirement.

2. As to job availibility, it ussually depends on whether he has set up something prior to leaving. You need CONTACTS, and that is up to him.

 

[sue]

Thanks
but as for the second question:

Can I understand that if a medical doctor after returning back for 2 year home requirement and after getting his GC and American Medical Board and States License would face a lot of problems finding a job in the medical field if his contact were not that much ???
Sorry for the ignorance but your answers are highly apprecaited

 

[Stormreaver]

Well, for a doctor returning to the US after a 2-year absence, there are 2 major hurdles:

1. The fact that he'll have to be sponsored for a visa. This point does not apply here.

2. Secondly, the problem of finding a job. Ideally he should try to line something up before leaving, but as I understand it (and I'm about to begin my residency) he MIGHT have a slightly more difficult time getting it than a fresh graduate. On the other hand, since there will not be a visa problem, it should not be too difficult to find a job (except for maybe in the more competitive places.)

I don't think its something to worry about too much. During the course of residency and fellowship, it should be easy to set up contacts, and returning should be not much of a problem with a GC.

 

[SYD]

Hi everyone

How long does it take to get a J1, I am from Australia.

I Was under the impressioon J1 was pretty OK for somebody like me for about 5 yrs or so..

But now I am really worried.

 

[warpath]

Just curious. As a Canadian attending medical school in the States, Will it be easier for me to get a H-1 visa for residency or will I have to settle for a J-1?

 

[The Pill Counter]

I assume the advantage would be that you would have the opportunity to personally get to know PD's and thus, have greater ability to sway them to sponsor you. Being an American grad would, it seems, play significantly on their decision, but you would be at their mercy just as any non-visa holder.

 

[SYD]

hello Everyone

Does anybody know what percentage get HI visa approved And what determines the final decision ?

I was going to apply for JI visa, and now I have a few reservatioons, and I am going to apply for the 2003 program, so I am wondering what foot steps to follow