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.
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.
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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.
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.
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