J1

[Veronikac 15]

10 hours ago, Moja1 said:

Hi. My friend is j1 and she will gave birth soon.  She has 2 year residency on her visa. 

Can she stay in us after 5 years of participation? Is having a baby waived the said home residency ? 

Having a baby will not waive the home residency requirement. I have no idea what is yours friend situation but there is a possibility to apply for a waiver of two years home residency requirement. There are 5 bases of the waiver: No objection, Request by an Interested US federal government agency, persecution, exceptional hardship to a US citizen spouse or child, or Conrad state 30 program. Your friend can determine if she will fit in one of this category and then apply for the waiver. The J1 visa sponsor is also important in this situation ( waiver is more complicated when government sponsoring is involved). If your friend is currently out of status, she should leave the US - applying for the waiver or getting the waiver approved does not grant you any legal status.

[belinda63 2,981]

Asking about the two year requirement and a waiver is a moot point as she currently has no path to obtain a green card.

There is no green card based on the child until the child becomes 21 and petitions her. There is no immediate path through the sister. There is no path for her being her a certain length of time.

How does she plan to pay for the birth of the child?

[Moja1 2]

1 hour ago, belinda63 said:

Asking about the two year requirement and a waiver is a moot point as she currently has no path to obtain a green card.

There is no green card based on the child until the child becomes 21 and petitions her. There is no immediate path through the sister. There is no path for her being her a certain length of time.

How does she plan to pay for the birth of the child?

They are rich

[Moja1 2]

1 hour ago, belinda63 said:

Asking about the two year requirement and a waiver is a moot point as she currently has no path to obtain a green card.

There is no green card based on the child until the child becomes 21 and petitions her. There is no immediate path through the sister. There is no path for her being her a certain length of time.

How does she plan to pay for the birth of the child?

However if her employer offers a h1b. Can it be waived? 

[SusieQQQ 11,584]

14 minutes ago, Moja1 said:

They are rich

If they are rich, they can get green cards through an EB5 investment visa.

 

10 minutes ago, Moja1 said:

However if her employer offers a h1b. Can it be waived? 

Is the H1B cap exempt? If so then it depends on the specifics of the case. If the H1B is not cap exempt then she can’t be “offered” the visa any time soon, she will first have to see if it’s drawn in the lottery and then can only start work next October if she is.

[Veronikac 15]

11 minutes ago, Moja1 said:

However if her employer offers a h1b. Can it be waived? 

If her employer wants to sponsor her for H1b, she needs to apply for a waiver of two years home residency requirement, most likely based on no objection. 

[Moja1 2]

1 hour ago, Veronikac said:

If her employer wants to sponsor her for H1b, she needs to apply for a waiver of two years home residency requirement, most likely based on no objection. 

Ohh okay. If she get the no objection and is offered an h1 b. Is she now eligible for green card?

[Boiler 43,459]

9 minutes ago, Moja1 said:

Ohh okay. If she get the no objection and is offered an h1 b. Is she now eligible for green card?

She is eligible for a GC now, just needs a sponsor and if within 2 years a waiver

Edited November 3, 2020 by Boiler

[Veronikac 15]

2 minutes ago, Moja1 said:

Ohh okay. If she get the no objection and is offered an h1 b. Is she now eligible for green card?

That is not how it works. H1b is not giving you direct eligibility for green card. I also agree with SusieQQQ that it is important to determine first if the H1b is cap exempt or not.  

I am not sure what your friend is doing as a job and what is the purpose of her J1 visa but she can potentially apply for employment based green card (EB1-EB4) after obtaining the H1b visa.

[Boiler 43,459]

1 minute ago, Veronikac said:

That is not how it works. H1b is not giving you direct eligibility for green card. I also agree with SusieQQQ that it is important to determine first if the H1b is cap exempt or not.  

I am not sure what your friend is doing as a job and what is the purpose of her J1 visa but she can potentially apply for employment based green card (EB1-EB4) after obtaining the H1b visa.

There is only one EB category that she could apply for, and H1b is not needed for an EB or any other GC visa.

[Moja1 2]

1 hour ago, Boiler said:

There is only one EB category that she could apply for, and H1b is not needed for an EB or any other GC visa.

Okay thank you very much

[SusieQQQ 11,584]

24 minutes ago, Moja1 said:

Ohh okay. If she get the no objection and is offered an h1 b. Is she now eligible for green card?

No, a H1B is a non immigrant work visa. The employer will actually have to sponsor her for a green card if she wants a green card, it is a more involved process, though H1B is usually the first step.

[kzielu 1,147]

4 hours ago, Moja1 said:

Ohh okay. If she get the no objection and is offered an h1 b. Is she now eligible for green card?

H-1B is temporary non-immigrant work visa. It ends and its holder goes home. There is no relationship between H-1B and green card eligibility. Does she even qualify for H-1B ? Note that a lot of regarding H-1Bs has changed recently.