J1 to H4B Visa Information

Hello,

My girlfriend is on a J1 Visa in the US. She came here on a fellowship and her fellowship is ending in almost 14 months. We are planning to get married soon and I am on H-1B Visa. I have few questions related to J1 visa to H4B Visa transfer.

  1. Can she really transfer from J1 to H4 and not go back to India if we manage to get NOC from the Indian Consulate?

  2. If yes, Is NOC granted for the intent of marriage to H1B employee?

  3. How long is the full process of changing from J1 to H4B is?

  4. Finally, if my girlfriend indeed gets approved H4B, will it be possible for her to get EAD if needed in the future? Will this have any impact in the green card process?

Thanks

  1. If she is not subject to the 2 year home country residence clause, she should be able to transfer to H4.
  2. Well, I am not sure on this part, you need to check with the embassy on this part.
  3. Usually COS can take anywhere from few weeks to few months. The processing times vary by location of filing. You can check USCIS website for current processing times.
  4. Yes, she can, if she can file for H4 EAD based on the spouse’s eligibility.

The easier thing to do is exit the country and re-enter on H4 visa. Discuss with their DSO and your H1B attorney.

Hello Kumar,

Thanks for the response.

Her profession comes under 2 year home country residency rule that’s why we will apply for NOC from Indian Consulate. Am I wrong in thinking that?