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Immigration Issues/J1 waiver spouse, does that fall under cap?

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Question
Hi,

My wife is on J1 and I am on J2. She is going to apply for her J1 waiver, once she receives that I believe, I will be on H4.

I am going to start my fellowship from July 2012, which I can either do on J1 (meaning going from J2 to J1) or I can get an H1. However, my current hospital falls under cap and if that is the case, I can not start before Oct 2012.

Question is: Does J1 waiver spouse falls under the same H1b cap or they are exempt?

Thanks,

Dhaval.

Answer
Hi,

You will be subject to the H1B visa cap, unless the petitioner is cap-exempt. In this instance, the petitioner is cap-exempt if it is an institute of higher education or affiliated with an institute of higher education. You should check again with the petitioner to determine if it has filed an H1B petition in the past on a cap-exempt basis.

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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