From: Sashti Srinivasan, Founder

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L1 and J1 Visa Holders challenges in Matrimony

L-1 VISA ~ initially granted for a 3-year term – is employer moved (relocated) visa from one country to another ~ For instance in Chennai or Bangalore offices in India that allows him or her to come and work in the U.S. for the Home Office or Parent of that Company in the U.S ~ L1 is a non-immigrant visa ~ unless of course the employer sponsors the employee for a GC within a year from the date of your arrival into this country! If not, the filing time may have expired. And in these days, employers are NOT filing Petitions for Green Cards to their L1s, as the U.S. Consul in Chennai, is keeping a "tight watch" over grant of L1s. All processing of L1s are now centralized at the U.S. Consulate in Chennai. This visa is non-transferable to other categories described above while in the U.S., (except that ONLY an employer may, under special circumstances, agree to sponsor the employee for a Green Card); the L1 visa terminates once your employer ceases to employ you or transfers you back to where one came from or to another affiliate in a third country; or the visa expires at the end of the first 3-year term, for which is usually granted; it is somewhat unpredictable as to when your job in the U.S. will terminate and/or when you will be transferred/re-assigned back to your home country or to another third country, at employers will and choice! (L-2 is a classification for the dependents of L-1, such as spouse, children). U. S. Consulate in Chennai where all Petitions for L1 are now centralized and reviewed has become very tough in approving L1 Petitions. because many Indian body shops were abusing this visa privilege, by sending their employees to work at clients sites, some thing not permitted under this visa classification! Moreover, many leading Indian software body shops are under a probe by the Justice Department for violating the visa rules under this category, so these companies are becoming concerned in even applying for a L1 visa for their employees. L1 visa holders cannot seek to adjust their visa status while in the U.S., such as to a H1B, marry a H1B and seek to convert into a H4 or H1B, or F1 and/or seek other employment while in the U.S from other employers, and/or seek to switch their employment. Their ONLY option is to resign their current job with their existing employer, return to India and seek another re-entry visa to enter into the U.S., with another visa. a long-drawn and tedious procedure

H1Bs do not wish to marry a L1 because usually they find it difficult to get a switch from their L1 to H1B status, neither can they convert themselves into a H4 ~ moreover, if an L1 were to be transferred in his/her job to another country after the assignment or in the middle of the assignment, the other spouse may not be able to leave the country (U.S.), particularly if he or she is on a H1B transitioning into a GC ~ hence the H1Bs usually shun L1. If, of course, the L1 employer has sponsored for a GC, then that is a different matter altogether! Even then it poses an uncertainty, until you get the GC in your hands, because if your job is terminated by the employer (forcing you to leave the country) prior to your getting the GC in hand, you may not get the GC ~ as if the L1 does not have the "employer sponsored" job any more, so he has to leave the country!

For the above reasons, L1 grooms find it very difficult to court and attract brides from the U.S. An ideal option appears to be for L1s is to seek a bride from India. Neither are they able to attract brides from India, because brides seeking matrimony to boys in the U.S., want to come here to settle down permanently, they do not want to face the exit option of returning to India with their husbands, in the future. In matrimony to L1s, they face that definite possibility. For brides on L1 seeking matrimony, the option would be to seek a H1B, settle the marriage, go back to India, surrender the L1 and return to the U.S. as H4 but then boys are not deeply interested in such an approach, because they do not know what can or will happen, to her "re-entry visa" once she returns to India!

8.0 ​J-1 VISA which is also called EXCHANGE VISITOR VISA is usually given to M.B.B.S. doctors by certain State Hospitals where they are accepted for Residency and/or other PhDs (from foreign countries seeking an entry) into the U.S. to seek higher education and training, such as Residency and Fellowship​. Under this type visa, usually granted for 3 years, one has to return to his/her home country or another foreign country for a 2-year period, before one can seek re-entry into the United States on another visa, although Medical Doctors can obtain waivers for this "two​-year limitation" by working for a rural hospital within the U.S. and also getting a No Objection Certificate to Return to India from the Government India (through various Ministries), still is a tedious and long-drawn process to go through! Called"Conrad 30 Program"​: This program,was originally created in 1994, allows certain physicians who

​ are​ trained in the United States on J-1 visas to obtain a waiver of the two-year home residence requirement. In exchange for the waiver, the physician must work for at least three years treating medically under-served populations in the United States. There is a bipartisan Bill in the Senate that would make the program permanent with some changes.

 Often times, one does not recognize that this type of J1 "Exchange Visitor" visas as they are called, come with lot of "strings attached"! Limiting ones stay in the country (U.S.) for a period of time, does not allow one to change ones employer (sponsor), you have to leave the country to go back to your home (foreign) country for a period of two years, before you can re-apply to seek entry into the U.S. once again; even transfer of a J1 visa to dependent H4 of a H1B (in the event of marriage to a H1B) often seems most strenuous and imposing! Some times, you have to seek a waiver from ones home country (India) such as a getting a No Objection to Return to India from the Government India, but often times, this is most time consuming procedure to get the waiver from GOI, with the Indian Government red tape shuffling the paper work from one Ministry to another and often times, you dont get it as quickly as you just need, just before the expiration of the validity of your J1 and J2.

In my opinion, J1 visa holders are facing even more of a serious challenge in their matrimony to other type of visa holders in the U.S. such as H1B, Green Card and to even U.S. Citizens. No wonder some H1Bs, Green Card Holders and U.S. citizens do not want to get married to J1s. Parents of children holding J1 visas go through a most challenging period in their old age to get them married. because of uncertain situations their children face in the U.S. with J1s, in matrimony!

As in every situation, there may be or can be an exception to every rule (above cited) in some specific individual cases but most U.S. Forums that I visited on J1s FAQs left the questionnaires lingering with no sound advice or answers! My advice to prospective Medical Doctor entrants to the U.S. is try to come to the U.S. on H1B visas by securing employment offers from private hospitals, rather than coming on a J1, with a State Hospital sponsorship. However, please realize that it is not doable in all cases - it is your employer if it is a State Hospital, and the U.S. Consulate that determines the type of visa you are going to be issued, based on your employer. Or if you are here on a J1, try job seeking and matrimony to someone in Canada, well ahead, to go away for that two year period, away from the U.S., exploring re-entry options later!

 Please find below a link to a site that answers "Most Frequently Asked Questions?" that will probably explain some answers to questions that your children holding J1 visas face in the U.S

http://www.hooyou.com/j-1/j1_j2_visa_faq.html

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