J1 waiver

[sunny71]

What is the name of your state? Tennessee

Please advise me on the following:

I am on J2 visa (with work auth.) and my wife's J1 status expires in July, 2007... My current employer may be willing to sponsor me on H1 B visa ...

My wife's J1 has a 2 year home rule...She will complete 3 1/2 years on this visa. Does she require to file for a 2 year HRR waiver. If yes when should she file it? when is the right time and how long does it take. Also can she continue on J1 after the waiver.

 

[ImmigAttyLana]

Your wife would first have to obtain a J-1 waiver before your future employer can petition for your H-1B. Since the employer will be able to file a H-1B petition no earlier than April 1, 2007 and it is very likely that the cap will be reached shortly thereafter, as it was this year when the cap was reached on May 26, 2006, after less than 2 months of the filing period being open, I would strongly advise your wife to file for the waiver so that you get it before April 1, 2007. Otherwise, you will miss your chance for a H-1B visa for the next year.

 

[sunny71]

Thanks for your response Lana. I have a few more questions:

My company is apprehensive in giving an H1B. Am I eligible?
I work as Event Manager (for SMG group)
I have a Bachelors Degree from India
I also have 3 yrs diploma in Hotel Management
And I have 13 years experience in hospitality industry
Do the above make me eligible?
How can I convince my company for H1B visa.

also my wife's J1 waiver.....If she files for waiver now...can she continue to be on J1 after the waiver (thats because if I dont get H1B, then I can still work on J2). What reason should she give for filing a waiver.

I am under a lot of stress due to the above and would greatly appreciate your advice and help.

many thanks again.

 

[ImmigAttyLana]

I don't know what I can tell you about the company's apprehension about the H-1B . That is up to them. As for your wife's waiver, yes, she can continue to remain in J-1 status so long as her program is valid.

 

[ImmigAttyLana]

I don't know what I can tell you about the company's apprehension about the H-1B . That is up to them. As for your wife's waiver, yes, she can continue to remain in J-1 status so long as her program is valid.

 

[sunny71]

J1 Waiver

Many thanks for your response. To confirm what you said....If she applies now for a waiver and gets it before (Jul07) her visa expiry date, can she then ask for an extension in the program on J1 visa itself and remain on J1 till whatever time?.

Also what reason should she give in her waiver application.