shrutimar
Forum Newbie
Topics: 1
Posts: 1
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Help me out here.
Suppose I get a J1 for the 2008 batch.
My husband (on a H1) is in the process of filing for a GC and adds me on the application once I am on J1.
Now, will I have a GC in hand by the time I graduate, although I am on a J1 till then?
Assuming GC with PERM will take 4 yrs = time to graduate from the program.
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| maoudoody
Forum Elite
Topics: 23
Posts: 424
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once j1 is granted it is always j1 even if ur husband gets green card
to get the green card u must turn j1 to h1 b by a waiver job for 3 years then when u get h1b apply for green card after finding a sponsor
gl
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| plastic_surgery
Forum Junior
Topics: 2
Posts: 135
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Shrutimar, your application for eligibility for GC (as dependent of your husband) will be approved but change of status (to permenant resident) will be on hold till you fulfill requirements of 2 yr HRR or complete 5 yrs requirement of the J1 waiver job.
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| titly
Forum Elite
Topics: 17
Posts: 290
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a doubt.
wat happens if u hv already applied for GCand it is still in the process and its time for u to begin residency?
u hv to either take a H1 or J1? wat i want to ask is wat is ur status considered as?
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we spend our days waiting for the ideal path to appear in front of us, but, what we forget is paths are made by walking, not by waiting. keep walking................................
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| plastic_surgery
Forum Junior
Topics: 2
Posts: 135
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If your GC application is pending and you don't have EAD, you have to accept a visa to join residency.. I have had friends wait for one or even two years to have GC approved before joining residency to avoid visa, esp J1.
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| silenced, M.D.
Forum Guru
Topics: 73
Posts: 620
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Avoid J1 at all cost, unless you want the hassle of finding waiver job later on.
Best advice is to avoid J1 at all cost!!! Try filing for a EAD, that's the best option.
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"Sólo los débiles se enojan. El hombre fuerte, aun al caer, sonríe". ~ José Martí "...it ain't about how hard you hit. It's about how hard you can get hit and keep moving forward. How much you can take and keep moving forward. That's how winning is done". ~ Rocky Balboa
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| doc_clotaire
Forum Guru
Topics: 159
Posts: 1,245
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Hi guys
Can I apply for EAD while on B1-B2 visa !
I am in the same situation waiting for GC next year
Thanks
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The elevator to succes is broke ,you must take the stairs
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| titly
Forum Elite
Topics: 17
Posts: 290
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who all can apply for an EAD?
___________________
we spend our days waiting for the ideal path to appear in front of us, but, what we forget is paths are made by walking, not by waiting. keep walking................................
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| plastic_surgery
Forum Junior
Topics: 2
Posts: 135
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doc_clotaire, you can apply for for EAD while waiting for GC after certain time-points of GC process.. You can apply for EAD along with adjustment of status application (if you are already in USA).. I can't tell you about your case specifically...
titly, there are so many categories of EAD application eligibility.. but in general while waiting for GC, J-2 dependent, F-1 during practical taining period (OPT), asylum seekers, etc.. not casusal visitors on B1/2,
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| doc_clotaire
Forum Guru
Topics: 159
Posts: 1,245
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Thanks for your quick answer plastic surgery .
My case is little different because my brother who is a US citizen applied for GC for me since 1998 and they will probably call me next year . I went to check in the immigration website and it seems like they have EAD with adjustment of status for spouses not for brotherhood .
What do you think I should do ? Should I get a lawyer or something ?
Thanks in advance !
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The elevator to succes is broke ,you must take the stairs
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| plastic_surgery
Forum Junior
Topics: 2
Posts: 135
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I don't think a lawyer would help with speeding the process... it is up to you.. whether you can wait for a year and get GC or look for H1 visa or desperately accept J1 visa.
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| titly
Forum Elite
Topics: 17
Posts: 290
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thanx plastic_surgery.
do u knw after approximately hw much time after u hv applied for GC that u can apply for an EAD?
___________________
we spend our days waiting for the ideal path to appear in front of us, but, what we forget is paths are made by walking, not by waiting. keep walking................................
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| plastic_surgery
Forum Junior
Topics: 2
Posts: 135
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titly, time of EAD application after GC application would depend on the category of GC you are applying and whether you are in US already...
Tell me the exact category you are applying for or want to know and will let you know...
p.s.- I am not a lawyer nor legal adviser.....
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| titly
Forum Elite
Topics: 17
Posts: 290
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my fiance is a GC holder so we were wondering if we got married and thn he applied for a GC for me would i get an EAD. rt nw im in india and hv a b1b2 visa.
___________________
we spend our days waiting for the ideal path to appear in front of us, but, what we forget is paths are made by walking, not by waiting. keep walking................................
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| plastic_surgery
Forum Junior
Topics: 2
Posts: 135
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It takes considerably longer time for GC holder applying for GC for spouse.. I think in years (2-3) and you can only apply for EAD if you already on US and that even after your application for eligibility is approved. If your spouse gets citizenship than it is quicker and you can probably apply for EAD probably within 6 months or even earlier depending how quickly the petition moves forward.
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| plastic_surgery
Forum Junior
Topics: 2
Posts: 135
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Titly, you/ your spouse better talk to a lawyer or ask opinion on immigration forums.. one good place is Murthy.com
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| titly
Forum Elite
Topics: 17
Posts: 290
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thanx a ton plastic_surgery. ill chk out the link.
___________________
we spend our days waiting for the ideal path to appear in front of us, but, what we forget is paths are made by walking, not by waiting. keep walking................................
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| Bisera
Forum Newbie
Topics: 0
Posts: 7
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have questionn for plastic_surgery too
My fiance is a U.S citizen..what is the best thing to do... go to the U.S with B1/B2 visa.. and get mariried? or wait to get my J1 or H1B and get married then..? thank you
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| Bisera
Forum Newbie
Topics: 0
Posts: 7
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oh and what about K-1 visa??
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| plastic_surgery
Forum Junior
Topics: 2
Posts: 135
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Bisera.. I don't know much about k-1 visa... never been in that situation .. For you it would be best to enter US on a non-binding visa (including K-1/B-1,2) and apply for permenant residence (green card) immediately after marriage and apply EAD (work permit) simultaneously.. you will get work permit in 90 days after application and verification of your PR application.. If you have already applied for match this year it is a challenge to get all this done in a timely manner.. but if you planning for next year.. you have plenty of time..
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| medicus_81
Forum Elite
Topics: 12
Posts: 428
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my advice is : do not enter the country on a b1/2 and get married immediately! had a friend who did this and immigrations gave him a really hard time, wait 2-3 months...and have sufficient evidence of your relationship- pictures, etc you will be asked to provide it... k-1 visa is finace-visa. it gets issued in the country you're coming from, needs to be planned ahead of time since you apply for it at the respective embassy and it's good for 90 days-so you have 90 days to enter the country, get married and change your status. hope this helps.
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If you judge people you have no time to love them
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| Bisera
Forum Newbie
Topics: 0
Posts: 7
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thank you ...
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| NeuroToPsych
Forum Newbie
Topics: 0
Posts: 63
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Dear fellows:
I am applying for a residency in July 08, and I am getting married with my girlfriend in May 08, who is a GC holder and is applying for citizenship now. We live in South America, and I currently have B1B2 visa. Should I apply for a J1 and then when she gets citizenship appy for GC? Is it possible to do that or am I a "hostage" of J1?
Should I get married now and start paperwork before the residency program begins?
Edited by NeuroToPsych on 11/28/07 - 09:22 AM
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