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Originally Posted by
unknownindian1
Moderator: I apologize if this is the wrong forum. If so, please move to the appropriate thread (I did not see any thread of J1)
I need some help urgently. I am on H1B (EB3 - I140 approved, PD Sep 2009; Applied for EB2 Dec 2013 - hoping for a decision soon ) and my wife is on H4. She got her residency and needs to start working 1st July, 2015. Her program did not provide her H1B sponsorship and needs to apply for J1. We have started the process. However, I heard from multiple lawyers that she has got higher chance of rejection of J1 visa since I have applied for H1 B and we already have a daughter born here. Also, I heard that she should do consular processing (and not change of status) since change of status take a long time. Is there any way to find the rejection rates of J1 visa and what is the best way to reduce the chance of J1 rejection? Thanks
I believe it is quite possible to get a COS to J1. I have no idea of the rejection rate or the circumstance that might lead to a rejection.
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(e) No person admitted under section 101(a)(15)(J) or acquiring such status after admission
(i) whose participation in the program for which he came to the United States was financed in whole or in part, directly or indirectly, by an agency of the Government of the United States or by the government of the country of his nationality or his last residence,
(ii) who at the time of admission or acquisition of status under section 101(a)(15)(J) was a national or resident of a country which the Director of the United States Information Agency pursuant to regulations prescribed by him, had designated as clearly requiring the services of persons engaged in the field of specialized knowledge or skill in which the alien was engaged, or
(iii) who came to the United States or acquired such status in order to receive graduate medical education or training,
shall be eligible to apply for an immigrant visa, or for permanent residence, or for a nonimmigrant visa under section 101(a)(15)(H) or section 101(a)(15)(L)
until it is established that such person has resided and been physically present in the country of his nationality or his last residence for an aggregate of a least two years following departure from the United States:
Provided, That upon the favorable recommendation of the Director, pursuant to the request of an interested United States Government agency (or, in the case of an alien described in clause (iii), pursuant to the request of a State Department of Public Health, or its equivalent), or of the Com missioner of Immigration and Naturalization after he has determined that departure from the United States would impose exceptional hardship upon the alien's spouse or child (if such spouse or child is a citizen of the United States or a lawfully resident alien), or that the alien cannot return to the country of his nationality or last residence because he would be subject to persecution on account of race, religion, or political opinion, the Attorney General may waive the requirement of such two-year foreign residence abroad in the case of any alien whose admission to the United States is found by the Attorney General to be in the public interest except that in the case of a waiver requested by a State Department of Public Health, or its equivalent, or in the case of a waiver requested by an interested United States government agency on behalf of an alien described in clause (iii), the waiver shall be subject to the requirements of section 214(l) :
And provided further, That, except in the case of an alien described in clause (iii), the Attorney General may, upon the favorable recommendation of the Director, waive such two-year foreign residence requirement in any case in which the foreign country of the alien's nationality or last residence has furnished the Director a statement in writing that it has no objection to such waiver in the case of such alien.
I'm sure you have considered this, but I mention it anyway, given that your PD is likely to become current under EB2 within the next 18 months at most.