Neuros
11-24-2008, 11:32 AM
Dear All,
Can someone help me with good advice on this unique issue?
My wife had been living in the US on her H4 visa (I have H1B), and she had a scholarship, but her university program mandated that she has a J1 in order to grant her the scholarship (we know she can study under H4). The consular officer in the embassy back home told her that after J1 ends, she will still be eligible to have her H4 back - despite the fact that she has 2 yr home country requirement (as the H4 is the only H4 that does NOT allow her to work, and in such complying with the 2 yr thing, which was intended to prevent people from WORKING in the US after J1, but not visiting or temporarily residing as dependants). I talked to a lawyer who was convinced that ALL H4 visas are not an option for her , even the H4.
Any advice? Should I believe the consular officer (was a senior officer), or the lawyer? What should I do at this time before her J1 ends in 4 months?
Can someone help me with good advice on this unique issue?
My wife had been living in the US on her H4 visa (I have H1B), and she had a scholarship, but her university program mandated that she has a J1 in order to grant her the scholarship (we know she can study under H4). The consular officer in the embassy back home told her that after J1 ends, she will still be eligible to have her H4 back - despite the fact that she has 2 yr home country requirement (as the H4 is the only H4 that does NOT allow her to work, and in such complying with the 2 yr thing, which was intended to prevent people from WORKING in the US after J1, but not visiting or temporarily residing as dependants). I talked to a lawyer who was convinced that ALL H4 visas are not an option for her , even the H4.
Any advice? Should I believe the consular officer (was a senior officer), or the lawyer? What should I do at this time before her J1 ends in 4 months?