H4/J1 visa for Postdoc and possibility of H4 to J1 conversion

USA
1

Hi,

Apologies if this post is in the wrong subforum. Please move it to the correct section if necessary.

I am currently on H1B and my fiancee is currently pursuing a PhD in Biochemistry in India and wants to do a Postdoc in the US.

  1. What is the appropriate visa for her to pursue postdoc? H4 or J1?
  2. If J1, is it better to get the visa before or after marriage? Will being married to a H1B spouse cause issues regarding immigrant intent since J1 is a non-immigrant visa?
  3. If H4, can she switch to J1 later? Will this cause issues as well?
  4. She intends to apply for an EB1 green card. Can she do this on H4 or J1? Which one is better?

Thanks

2

While J1 is preferable due to ease of sponsorship change as compared to H1B, you need EAD if on H4 to accept paid employment. If the primary H1B already have an approved I-140, H4 can apply for EAD.

Doesn’t matter.

No issues.

Yes and no.

J1.

3

Hi Kalpesh,

Thank you very much for your detailed response.
Can you please suggest an attorney in the Washington/Seattle area who can guide me regarding this?

Thanks

4

Don’t know anyone there but Reddy and Neumann is a very reputed firm. Note that I have no association with them nor they know me :slight_smile:

Reddy & Neumann, P.C.
(713) 953-7787

Reddy & Neumann, P.C. - Google Suche