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Immigration Q&A - February 28, 2010 Q1: J2 Visa Holder Applying for a J1 WaiverI have J1 visa and my spouse J2 visa. Our visa expires on July 6, 2010 and I am leaving with my kids back. But my husband needs to stay here in order to improve his English and get some upgrade in his education. But he has as I do, two year rule restriction. Can you help us to waive this 2-year rule? If I am not intending to stay here and planning to leave in August, is it possible that the process goes without me. Or is it necessary, that I stay here till the decision is made. A J2 visa holder is not eligible to directly apply for a J1 waiver except in certain limited circumstances. You may apply for a J1 waiver and include your husband in the application. We can process the J1 waiver while you are in the US or while you are outside of the US. However, since your husband’s J2 visa status is depending on your J1 visa status, we will need to process the J1 waiver before your program end date and then we can obtain a change of status from J2 to F1 so he can study English. Q2: FY2011 H1B Visa Cap PredictionsWhat do you think about H1B cap this year? Will it be met first day? With the US economy in similar shape as the last, it is likely that the H1B cap will not be met for many months. However, it is impossible to predict these things and we are recommending to all of our clients to file on April 1st. This means that we are beginning the H1B visa process right now as new DOL procedures require LCAs to be prepared and filed well in advance of April 1st. |
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The Messersmith Law Firm, P.C. |
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