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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 96001
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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Hi, I am currently in the US on a J1 Visa. I did however

Customer Question

Hi,

I am currently in the US on a J1 Visa. I did however apply to a H1b. I obtained the approval and the I-94 in the mail a couple of weeks ago. Same scenario for my wife. She went back to Mexico a couple of days ago and her return is schedule on June 25th (our H1b is suppose to start on July 1st). My questions are:


1) Can she still travel back with her J1 given that H1b does not start until the 1st day of July or is it necessary to obtain the H1b stamp now?

2) Are we entitled to automatic revalidation because she was there for less than a month?

Thank you
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Hello. Thank you for using our service. All I ask is that before you sign off, you rate me positively. If you are inclined to use the "poor service" or "bad service" options, please ask follow-up questions first and give me a chance. Sometimes the law doesn't have a good solution, but I will try hard to find it if it is available.

1) If she will continue to meet the requirements of her J-1 status until July 1st and she comes back before July 1st, then yes, she can use the J-1 visa to come back and does not need the H-1B stamp.

2) It seems that she would qualify, but just to make sure, here is the official link:

http://www.cbp.gov/linkhandler/cgov/travel/inspections_carriers_facilities/clp/bulletins/auto_reva.ctt/auto_reva.pdf

 

Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance. Even after you rate the service, I can still answer additional questions for you without additional charge. If you do rate me positively, a bonus is always appreciated. If you would like to request me in the future, just go to http://www.justanswer.com/law/expert-guillermosenmartin/. Thank you!

Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 96001
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
Guillermo J. Senmartin, Esq. and 3 other Immigration Law Specialists are ready to help you
Customer: replied 1 year ago.

 


What are those requirements?


 


 

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.

Generally that she continue to be employed by the J-1 sponsor. In other words, she can't just come back in on J status and sit around for her H-1B to kick in. She has to maintain her J-1 status until she starts work in the H-1B status.

Customer: replied 1 year ago.

Sorry, I was probably not very clear. I am on J1, so she is my dependent (j2) is it still the same scenario?

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
That makes more sense. Then as long as you maintain your J-1 status, she can come back on the J-2 and in that case she can wait around until her H-1B kicks in.

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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq.
Immigration Lawyer
96001 Satisfied Customers
10+ years of experience in various aspects of U.S. Immigration Law.