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H4 to J1 issue

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  • H4 to J1 issue

    Hi Members,

    Just wish to know the following:

    My wife is already in the US on H4. She wants to teach in a school (non-profit organization) which is willing to sponsor work visa. I am working on the following two options. Please advise me on this matter.

    1) COS from H4 to H1: Could she begin working as soon as the COS is approved? Or wait for OCt.01?

    2) Apply for J1 visa. If so will this be too COS or independent visa. And could she begin working as soon as she gets her J1 status or should she be returning to India to get J1 stamped before beginning her job?

    I greatly appreciate your inputs.
    Have a sunny summer.

  • #2
    1. Not all schools qualify for a cap-exempt H1b visa. If they do qualify, work can begin upon approval of COS and need not wait till Oct 1st.
    2. Can be either a COS or CP. If the position qualifies for a J1 (http://www.travel.state.gov/visa/tem...pes_1267.html), Note that there will be future waivers required for people on J1 for converting to other visa types. No visa stamping needed if a COS is approved.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

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