honey
Forum Junior
Topics: 17
Posts: 34
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I am currently on an H4 (dependent visa)... IfI get a residency position for 2007, What would be the best visa for me- to take an H1 visa or a J1 visa. Taking into consideration that I have already spent 2 years on my H4 visa(so by the time I start my residency...already my 2n half years of H4 would have been completed, and I would be left with only 3n half years of H visa)
what would be better visa for me, in terms of opputunity to stay and work in the US after my residency an H 1 or a J 1....(because from the start of my residency I will be left with only 3n half years of H visa) , there is no chance for my spouse to get a GC in the nex3-4 years because he has recently switched job...and his new employer will not not file for a GC(before 2008 end)...so I dont think by the end of my residency in 2010, he will have any GC.
Please give me your suggestions they are really important for me
Any help would be appreciated
Thanks
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| drpurple
Forum Newbie
Topics: 1
Posts: 13
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I think H1b visa is better if you are thinking in persuing a Green card 
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| ajohn
Forum Junior
Topics: 2
Posts: 13
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Honey, Iam in the same situation as urs..And confused whether to go for J1 or H1??
What did u decide?
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| mufurc
Forum Elite
Topics: 13
Posts: 186
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When you switch from H4 to H1-B your 3-5 years start over. It won't have anything to do with your current H4.
You will get your own independent H1-B.
I am not sure whether you are eligible for an J-1 at all, but either way H1-B is a MUCH better visa than J-1. If you have an option, which might not be case depending on your residency training program, but if you DO have an option go for the H1B. J-1 visa is a NON-IMMIGRANT VISA and therefore NOT eligible for GC applications, also it might require you (depending on your individual case) to return to your home country after you completed your training... So as you see J-1 can be a big hassle! H1-B is much better. However; I am afraid it might not be up to you to choose, it might depend more on the program. E.g. whether they have an H-cap or not etc... Check with the training program in advance. Also you must pass Step3 to be eligible for H1-B.
Well, it is a lot to consider, but I hope this helped. Good luck!
Mufurc
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| ajohn
Forum Junior
Topics: 2
Posts: 13
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What I thought was that H status [ be it H1 or H4 or H1+H4 ] has a limit of 6 yrs.
I prefer H1. As u said, It depends on the program. J1 should not have immigration intentions. But Iam already filed for green card . so it is contradictory and this increases the chance for rejection at the time of J1 visa stamping. But the priority is to match, be it on H1 or J1.
Thank u so much..I appreciate ur help.
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| mufurc
Forum Elite
Topics: 13
Posts: 186
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AJohn,
the fact that you have already filed for GC I think makes you J-1 incompatible. You should probably prepare for this... Programs will not be able to get you a J-1 no matter what. (There is a question on the J-1 application form that asks whether you have ever applied for a GC... )
Try to get a good immigration lawyer and figure out what to do. Also once you match you can talk to the program's international office (or whatever organization deals with IMGs). Of course I am not an immigration lawyer, my opinion is based on my personal experience. I started on J-1 then moved to H-1B and then other visas and hoping to get the GC end of this year... How far are you from the GC? Has the labor cert. got through yet? (Do you need labor cert at all?) You might not need any visa by the time you start residency if you get the GC or the EAD by then... Good luck!
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| dev
Forum Guru
Topics: 70
Posts: 1,794
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Hi honey
New rule has been passed. h4 willnot take away ur days from H1 once u get a new H1 it will be there for 6years
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