J-2 to H-1B

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My co-worker is a EU citizen and currently working in J-2 visa. Her Nepali husband is working in J-1 visa (NO 2 year home country requirement). J-2's employer has agreed to file H1-B for her, but employer is not sure whether they need J-visa waiver. Will you please share your knowledge? Are there any recommendations for dependable immigration lawyer, preferably in Phoenix area? Thank you very much.

_ · Jan 14, 2015 3:08 PM · 12,408 views

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What I think is J-2 visa holder does not file for waiver separately. He/she is solely dependent on the waiver status of the J-1 who is the primary J visa holder. If the husband is Nepali and is eligible for waiver, then her husband should file for it. If husband's waiver is accepted, then J-2 waiver is automatically accepted. I am not a lawyer. I am sharing only my personal experience and knowledge.

bbmb · Jan 14, 2015 3:32 PM

. . Thank you bmb. Yes, waiver for J-1 works for J-2 as well and this is the straightforward way. I was just wondering if there could be any alternative way because the J-2 has EU passport.

_ · Jan 14, 2015 8:37 PM

J2 does not need to do any waiver, can go to H1 straight with greencard processing as soon as h1 is approved. The j1 spouse however has to do the waiver n there is no way around for him/her. Not a lawyer, but this is almost sure.

Sbp726 · Jan 14, 2015 10:17 PM

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