Change J1 to J2 and work

R

rid

Registered Users (C)
Hi,

I hold now a J1 visa valid until May'10. On the other hand, my wife holds another J1 visa until November'09 (so there are 6 months gap)

We would like to change her Visa status to J2 when her J1 expires and ask for a work permission.

Our question is: could we ask for work permission before the end of her J1 visa, in order to start working immediately after changing her status ?
As there will be only 6 months gap, it is not worth to wait 90 days after the J1 expiration to obtain the permission.

Thanks a lot

rid
 
That is an interesting question and my guess is no because when you apply for the EAD to work under the J2 visa, I am sure that status has to be current.
I could be wrong but that would seem to make sense.
CJ
 
rid said:
Hi,

I hold now a J1 visa valid until May'10. On the other hand, my wife holds another J1 visa until November'09 (so there are 6 months gap)

We would like to change her Visa status to J2 when her J1 expires and ask for a work permission.

Our question is: could we ask for work permission before the end of her J1 visa, in order to start working immediately after changing her status ?
As there will be only 6 months gap, it is not worth to wait 90 days after the J1 expiration to obtain the permission.

Thanks a lot

rid
Click to expand...

First, it is not allowed to change from J1 to J2 that easy. It is not allowed unless the applicant spend 1 or 2 bar year in home country after he/she finish the J1/2 (this is something different from the 2 year home country requirement). She can extend her J1 with the same or another employer, if there is still time left in her category (for example if she is in a category for three years and she worked for 2 years, she can extend that J for the 6 months or so)
Second, for her to apply for EAD, she should acquire the J2 status first (which is impossible giving the above explanation) after which she can apply for the EAD, not before that.
It is not now the point to work or not in those 6 months gap, it is how she can stay legally in US after her J1 expire (I do not think there is any way unless she get waiver and found an employer sponsor her H)
 
Thank you for your replies.

I'm really worried now, I thought it would be easy to obtain a J2 visa without leaving the country.

So I guess our only option is to obtain a H1B sponsor for her, but if I'm not wrong, we should obtain it before 1st of April, right?
 
rid said:
Thank you for your replies.

I'm really worried now, I thought it would be easy to obtain a J2 visa without leaving the country.

So I guess our only option is to obtain a H1B sponsor for her, but if I'm not wrong, we should obtain it before 1st of April, right?
Click to expand...

Here options are:
1- Extend the J1 with the current or different employer if the category of her J allows (she did not exhaust the whole time allowed for that J)
2- obtain waiver from the 2 year home country THEN shw can apply for H visa if some one agree to sponsor her (the waiver is time consuming and depends on many factors e.g. home country, type and fund of J1, .......etc
The phelosophy of the J visa is to bring people from overseas to be trained in US then return back to their countries for at least 2 years before which they can come back to US in another J, H or GC and it is not allowed for the J holder to keep switching from J1 to J2 or the reverse which may let the J holder to stay in US forever keep alternating switching with the other spouse.
I do not think she can get H before April (H is a time consuming and much paper work in addition to the time needed for the waiver). The mailing itself back and forth takes weeks for every application in addition to the time of the application itself. Just try soon and see what will happen.
 
Thank you mmed.

Her J1 visa is a 12-month "intern" type one. I have a 18-month "trainee" one.
Do you know if it is possible to switch her visa to J1 "trainee" and stay here working for her employer?

Other question, could someone explain me what "waiver" means? (I don't understand what "j1 waiver" or "apply to a waiver" means)

Thank you
 
rid said:
Thank you mmed.

Her J1 visa is a 12-month "intern" type one. I have a 18-month "trainee" one.
Do you know if it is possible to switch her visa to J1 "trainee" and stay here working for her employer?

Other question, could someone explain me what "waiver" means? (I don't understand what "j1 waiver" or "apply to a waiver" means)

Thank you
Click to expand...

1- No, no one can switch from one category to another except in very rare occasions. Apply to see the response from the DOS.
2- Most J visa are subject to 2 year home country physical stay after they finish their J. To get around that and get H visa or GC, you have to be waived from this requirement and stay in US without going back to your home country. There are many categories and requirement for that. Start from www.state.gov and search for J visa waiver and explore more. Also, you can read stories of others applied for waiver in this forum.
 
I our Visas it is written: "The 2-years rule does not apply" or something like that, so I guess we aren't subject to 2 year home country physical stay after the visa expiration
 
rid said:
I our Visas it is written: "The 2-years rule does not apply" or something like that, so I guess we aren't subject to 2 year home country physical stay after the visa expiration
Click to expand...

The just write any thing in the visa stamp, do not rely on that. Mine to the same was written but I was subject.
 
Hi,
It is possible to move from J1 to J2; the 12 Month/24 Month bar is only relevant for moving from J2 -> J1.
The data in this thread is just wrong. My HIO advisor also thought that the 12 Month bar is effective when moving from J1 -> J2; it is not, ask to talk to someone with more experience, I just got my EAD now.
 
If your visa expires and you need to stay in your home country for an extended period of time, you may be able to apply for a two-year home country physical stay. This policy is usually determined by the rules governing your specific visa category. However, it is written that "the 2-years rule does not apply." So if you have been waiting to apply for a two-year home country physical stay after your visa expiration date, don't worry--the rule may not actually apply to you.
 
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