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deepshikha
Joined: 20 Mar 2005 Posts: 5 posting in usmle forum about Visa Issues: J1, H1, EAD, Greencard,etc.
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Posted : Mon Mar 28, 2005 Post subject: greencard? |
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please please help me..
my boyfriend is a permanent resident(green card holder).
after marrying him do i get an EAD immediately?
will i be able to join residency with an EAD?i think it takes a long time for a spouse to get a green card.
so do i have to wait that long(approx.5 years)..till i get a green card to join residency?
i hav eread on forums that there might be a problem if i join with H1/J1...as i will then need to ask for waiver in case of J1 ..and i dont think H1 is very easy to get...
what do i do...please someone help me.PLEASE.im really worried. |
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root Site Admin
Joined: 12 Feb 2005 Posts: 549 posting in usmle forum about Visa Issues: J1, H1, EAD, Greencard,etc.
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Posted : Mon Mar 28, 2005 Post subject: |
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Unfortunately, you cannot file for I-485 (adjustment of status) until your immigration petition is approved, so cannot get an EAD after marrying. I assume it takes about 3 -5 years for spousal's immigration petition to get approved. And only then would you qualify for getting an EAD.
The best option for you is to go for H1 visa. Please donot try to go for J1, as there may be problems.
With J1, you need a waiver and until you get waiver or satisfy 2-year home residency requirement; you cannot even file for I-485. So, I think it is best in your interest not to mess with J1. |
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deepshikha
Joined: 20 Mar 2005 Posts: 5 posting in usmle forum about Visa Issues: J1, H1, EAD, Greencard,etc.
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Posted : Tue Mar 29, 2005 Post subject: |
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thank you so much for replying so promptly...!!
i now have a whole set of questions to ask..
1.what i have heard is there are more programs which are ready to sponsor J1 visas rather than H1 for the reason that H1 requires a lot of paper work.which means that the J1 visa is easier to get for an IMG.for the J1 waiver...one of the clauses say "If you as an IMG can prove that returning to your country would result in exceptional hardship to you or immediate family members who are US citizens or permanent residents."
so if while i am on a J1 visa i get EAD/GC,can i not have my waiver?
2.can my husband file for EAD/GC and simultaneously can i be in the US asking for H1/J1 visa?can 2 applications occur simultaneosly?meaning,suppose my husband files for my GC and i join residency on J1/HI.is that possible?
3.i want to apply for 2007 match.but as you said i should try H1B visa and for that i have to complete all 3 steps..which i dont think i will beable to do by interview time.can u please tell me whether i can apply with just step1,step2 scores and then give CS and step 3 during oct-nov-dec while i have already sent in applications by september?can i say at the interviews that i WILL appear for step 3 before end of interview season?i plan to give step 1 in may2006,step 2 aug2006.will u please chart out the rest of my schedule if i want to ask for H1 visa.i will be bapplying to relatively non-competitive fields like peds/internal medicine etc.
please help.thank you. |
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root Site Admin
Joined: 12 Feb 2005 Posts: 549 posting in usmle forum about Visa Issues: J1, H1, EAD, Greencard,etc.
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Posted : Tue Mar 29, 2005 Post subject: |
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Answers to questions:
1) With H1, there is lot of paperwork for the college to file. Also, the candidate must have step 3 cleared before application. With J1, the college doesnot have to do anything. ECFMG sponsors the J1 visa for you. But pratically speaking, it much easier to get your H1 visa from a consulate abroad than getting J1 visa for an IMG.
J1 waiver with clause "exceptional hardships to you or immediate family members who are US citizens or pemanent residents" is applicable, but remember the standards are higher. Mere seperation is not considered hardship according to Immigration Services.
2) Yes your husband can file for EAD/GC as long he is not on J1 or J2 visa. But he applying you for GC as dependent can really mess up with J1. H1 is the best option in this case.
3) If you are going for match in 2007, take your step3 examination by Dec 2006, and you should be fine. |
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deepshikha
Joined: 20 Mar 2005 Posts: 5 posting in usmle forum about Visa Issues: J1, H1, EAD, Greencard,etc.
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Posted : Sun Apr 03, 2005 Post subject: |
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hi,
another query...
can my spouse file for my greencard without me being present in the united states?suppose we get a marriage registration done now and then he returns to united states in july and files for my greencard.
then i go in 2006 september(to apply for the 2007 match) on a tourist(b1/b2) visa and try to join residency on a H1 visa?
i just want to begin filing for the greencard INCASE i do not get a H1 visa...which means one year wasted now in the greencard processing time.
so the qquestion is...am i required to be present in US(obviously on tourist visa) to begin filing for GC?are my signatures or any other documents except for the marriage registration certificate and maybe my passport xerox required? |
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root Site Admin
Joined: 12 Feb 2005 Posts: 549 posting in usmle forum about Visa Issues: J1, H1, EAD, Greencard,etc.
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Posted : Sun Apr 03, 2005 Post subject: |
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| deepshikha wrote: | hi,
another query...
can my spouse file for my greencard without me being present in the united states?suppose we get a marriage registration done now and then he returns to united states in july and files for my greencard.
then i go in 2006 september(to apply for the 2007 match) on a tourist(b1/b2) visa and try to join residency on a H1 visa?
i just want to begin filing for the greencard INCASE i do not get a H1 visa...which means one year wasted now in the greencard processing time.
so the qquestion is...am i required to be present in US(obviously on tourist visa) to begin filing for GC?are my signatures or any other documents except for the marriage registration certificate and maybe my passport xerox required? |
yes, your husband can apply green card without you being physically present in US. But he has to opt for consular processing and that should be fine.
Getting a B1/B2 visa when your green card is getting processed can be difficult. In the application form, you have to fill out whether someone has applied GC for you. It could need tough convincing on your part to get a B1/B2 visa.
But dont worry about that, if your husband not from India, China, Mexico he doesnot have to wait that long. |
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deepshikha
Joined: 20 Mar 2005 Posts: 5 posting in usmle forum about Visa Issues: J1, H1, EAD, Greencard,etc.
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Posted : Sun Apr 03, 2005 Post subject: |
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great!!!
my spouse is from india.
we are both indians and i know it takes a long time to process cos of the backlog.thank you for ur input anyway.... |
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deepshikha
Joined: 20 Mar 2005 Posts: 5 posting in usmle forum about Visa Issues: J1, H1, EAD, Greencard,etc.
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Posted : Sun Apr 03, 2005 Post subject: |
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| what is a dependency visa?i heard that i can go on that and that it doesnt take too long... |
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root Site Admin
Joined: 12 Feb 2005 Posts: 549 posting in usmle forum about Visa Issues: J1, H1, EAD, Greencard,etc.
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Posted : Sun Apr 03, 2005 Post subject: |
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| deepshikha wrote: | | what is a dependency visa?i heard that i can go on that and that it doesnt take too long... |
Dependent visa is the provided to spouse and children of the visa holder. For example, if your husband is on H1B, you can enter US with H4 visa. |
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Qudsia Guest
posting in usmle forum about Visa Issues: J1, H1, EAD, Greencard,etc.
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Posted : Mon May 22, 2006 Post subject: unfilled residency positions |
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| I need information aboyt unfilled residency positions.I did not take part in match as I was waiting for step 2 result. I understand that there are dropouts in each program, I was wondering if you could tell me how I can gain access to unfilled positions.Is it okay if I send paper application?Can I go and inquire personally?please advice. |
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root Site Admin
Joined: 12 Feb 2005 Posts: 549 posting in usmle forum about Visa Issues: J1, H1, EAD, Greencard,etc.
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Posted : Mon May 22, 2006 Post subject: Re: unfilled residency positions |
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| Qudsia wrote: | | I need information aboyt unfilled residency positions.I did not take part in match as I was waiting for step 2 result. I understand that there are dropouts in each program, I was wondering if you could tell me how I can gain access to unfilled positions.Is it okay if I send paper application?Can I go and inquire personally?please advice. |
We had the listing of unfilled positions on the website. NRMP had informed that it is illegal to do so and so we took it down. The only practical way to get any kind of information for this would be through your friends who got matched. |
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