Q: I am on my h1b visa and have still pending I140 approval. Should my wife who want to do Post doc apply for h4 or j1 ?
my wife is doing phd in india and will be completing it along the time we get married. She want to do post doctorate in USA. Should we apply for h4 and then for j1 or h1b or directly try for post doc visa.
A: It would be better for your wife to just apply for H4 as the J1 may subject her to the 2 year home residency requirement
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A:
When considering whether your wife should apply for an H-4 or J-1 visa, it depends on her immediate goals and your immigration plans. The H-4 visa is tied to your H-1B status and can be a simpler path if she wants to accompany you quickly to the U.S. However, the H-4 doesn't allow her to work or receive a stipend during her postdoc unless she qualifies for an Employment Authorization Document (EAD) after your I-140 is approved.
On the other hand, the J-1 visa is designed for postdoctoral research, allowing her to work and receive funding directly from a U.S. institution. This visa is more appropriate if she has a confirmed postdoc position lined up. The J-1 might come with the two-year home residency requirement, so you’ll need to consider whether this is an issue for your long-term plans in the U.S.
If her postdoc position is secured, applying directly for the J-1 could be more beneficial and straightforward. If her position isn't confirmed or your I-140 approval is close, starting on an H-4 and transitioning later could be a practical route.
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