H1 to J2?

[Melvin]

I am on H1 and my spouse is on J-1.

Could I switch to J-2 and continue to work, in case my H1 6-year limit is reached?

Thanks in advance.

 

[jigesh]

Yes, if you get employment authorization document (EAD) from the INS before resuming your work while on J-2. Being on J-2 does not automatically make one eligible for employment. While applying for the EAD, you must submit a written statement with evidence showing that your employment is NOT necessary to support the J-1 holder (your wife), but is for other purposes. Visit:

http://www.ins.usdoj.gov/graphics/formsfee/forms/i-765.htm

In order to convert H-1 to J-2, you will need this form (or visa stamp obtained from a US consulate) along with a new IAP-66 for the dependent (yourself) issued by the J-1 sponsor if you were not mentioned as dependent in your wife's original IAP-66:

http://www.ins.usdoj.gov/graphics/formsfee/forms/i-539.htm

However, be informed that if your wife were subject to the 2-year home residency requirement (HRR), you too will be subject to the same condition if you get J-2; and it might affect your future plans, if any, for the US immigration.


Best wishes,

Jigesh

Disclaimer: Personal non-legal point of voew only.

 

[Melvin]

Thanks

Hi Jigesh,

Thank you verymuch for the detailed answer. It is really helpful.

With regards,
-Melvin