Ask Visalaw.com for Healthcare Workers

If you have a question on immigration matters, write Ask-visalaw@visalaw.com. We can't answer every question, but if you ask a short question that can be answered concisely, we'll consider it for publication. Remember, these questions are only intended to provide general information. You should consult with your own attorney before acting on information you see here.

Q - After my I-140 is approved,  can I travel out of the country on advance parole. My J-1 waiver period has a year to go and I do not have H-1B visa stamped on my passport? 

A - You cannot apply to adjust and get a parole document until you've satisfied your three year service obligation.

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Q -If the J-1 fulfills the home residency requirement, is the dependent J-2 required as well to go back to the home country? 

A - Yes. That's been a controversial position of the State Department, but it still stands. 

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Q - I am posting this question on behalf of my wife. She got a residency in a hospital in the current match, but she doesn’t have step 3. She will be taking her step 3 before the residency. 

A - As long as your wife does not enter on the J-1, she's fine to go instead for the H-1B. But if she enters on the J-1, she won't be able to switch once here. 

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Q  - My husband is a J-1 student subject to the 2 year residence. He has applied to a no objection waiver through the Department of State. We just received the no objection letter from our government (Venezuela) saying that they don’t have any objection for my husband to change this status or apply for the waiver. 

I know that under certain circumstances, the spouse of the J1 (under the J2 visa) can apply for a work permit.  I am looking into the option of changing my status from F1 to J2 and then apply for the work permit. These are my questions: 

1) If I apply before my husband gets his waiver, am I subject to the 2 year residence? If I am, do I need to apply for a waiver on my own, or do I fall into his waiver? 

2) If I apply after my husband gets this waiver, am I still subject to the 2 year residence, or do I fall under his waiver benefit? 

A - I have never seen this question addressed before, but I would expect that you would only become subject to the home residency requirement if your husband is subject to that requirement. So I think you would be okay certainly after he gets the waiver. Prior to that point, I would expect that you would be considered to be subject to the requirement.

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