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my query, pls help me out!! - indiandoc
#1
Hi,
Me and my girlfriend are preparing for 2006 Match. We both will try for H1B visa. I wanted to ask that suppose if one of us gets an H1B visa and other gets a J1 visa in a diff hosp. within a city. Then if my spouse is on J1 and after completing her residency she has to return to india for 2 years, Can I call her back to the US on spouse (h4) visa during that 2yr period, or she has to stay in INDIA for 2 years?
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#2
from what I understand my friend, once a J1 visa always a J1 visa unless she applies for a J1 waiver opportunities or finish her 2 year home requirement. If I were in your shoes, you can continue your H1 and apply for a greencard later while she continues on J1. After finishing the residency, then she can apply for a J1 waiver job while you apply for greencard. Once you get your greencard, then you can marry her and petition her for greencard after she finishes serving her J1 waiver.
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#3
Thanks a lot georgemd for clearing a lot.
I am planning to marry her as soon as we start our residencies. Thats why we will be trying to get into same program or a diff program but within the same city. We both have good scores in step1 me 99 and she 98. So staying with each other is other is our primary concern and not the choice of residencies. So if she does apply for j1 waiver she will have to work in underserved area and I will have to accompany her. So I was just asking that, while I continue on my H1 visa and she does not apply for a waiver and returns to her home country. Now can I call her back during that time on H4 visa or she will have to stay in home country away from me for two years compulsarily?Which we do not want.
Also one more query. Does the two year home returning condition applies straight after the residency or after completing fellowship.
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