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Questions Regarding J1-visa Waiver Now On H1b Getting Married To A Us Citizen

Discussion in 'AC 21 H-1B Issues' started by Pej, Jul 27, 2015.

  1. Pej

    Pej New Member

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    Hello All,

    I am wondering what the process is for me. I was previously on a J1-visa with the 2 year home country requirement that got waived and converted to a H1B.

    My question is, what happens after I marry my fiance who is an US citizen. Am I to still stay on the H1B for the next 3 years then apply for a green card, or can I start the process earlier?

    Thank you for your help.
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    You don't have to stay on the H1B, but you do have to serve out the full three years.
     
  3. Pej

    Pej New Member

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    Hi Ron, Thank you for your reply.

    What will be my status be if I decide to change it ? Greencard holder ? and is there anyway to petition to not have to do the three years ? thanks
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Your best bet is to stay on the H1 until you complete three years. About four months before you reach the three year mark, file your I-130/I-485 package so that by the time you are interviewed, you will be free of the 2 year HRR.
     
  5. Pej

    Pej New Member

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    Thank you Again Ron,

    Is there any way that my then wife can petition so that I can have my 3 year requirement removed?
     
  6. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Not really. If it's any comfort to you, 45 years ago my wife was a J1 university professor and we were not able to get any kind of waiver. At least you have an option.
     
  7. Pej

    Pej New Member

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    Oh wow, well its not very comforting to me lol, (must have been difficult for you guys, I'm Sorry). So if I am understanding this correctly, I will continue this H1B, until ~ 4 months it runs out and apply for a greencard then? Is this process relatively easy? and Will i have any work restrictions then (like I do now?) Thank you for your help by the way. Your expertise in this field is very nice to have.
     
  8. Ron Gotcher

    Ron Gotcher Attorney at Law

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    It was difficult, but we got through it. Now, 45 years later we laugh about it.

    Stay on the H1B until you are a few months away from the three year mark. File your combined package then. You will get an EAD/AP combo card that will give you unrestricted work authorization as soon as you complete three years.
     

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