Does 2 yr home residence still required for J-2 child after J1 waiver of parent

S

sugupta

New Member
I was on a J-1 visa to complete my Residency in Internal medicine. I got my J-1 waiver last year and am now working on H-1B as an internist in an undrserved community. My daughter was on J-2 as my dependent, and her visa got converted to H4 at the time of my J-1 conversion. She is going to turn 21 and hence she is changing her status to F-1, as after 21 she can not remain my dependent and on H4. She is attending undergraduate college and would be graduating in a few years time. My question is- can she apply for a H-1 B job on her own after graduatation, or will she have to go back to India( Home Country) for 2 years as she was on J-2. Or with my getting a waiver, she does not have to go for 2 yr home residence requirement?

Any answers to the above will be highly appreciated.

Thanks in advance
 
No Title

I am pretty sure that she is not subject to the 2 year requirement any longer and can go on to get an F-1/H-1B
 
No Title

Look at your waiver approval notice (I-797). It should say that all your dependents, who were subject to 212(e) solely by virtue of being your dependents, are granted waivers along with you.
(Of course if your daughter was in a J-1 program herself, she would need to obtain her separate waiver for that program).
H.
 
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