h1b1 to j2 or j1- help

B

buddy107770

Registered Users (C)
I am on H1B1 and has been offered a 3 year fellowship position on j1 that I really want to accept. My wife is on J2 and also have 2 more years in her residency to go.
I was wondering what are the best options for me and would appreciate advice.

1. I accept my own J-1 but that would subject me to 2 yr HRR. It means that both me and my wife has to file for separate waivers.
2. COS to J2 and get EAD. Start a fellowship and hope that my wife also finds a fellowship and I finish on j2/EAD
3. In worst case scenario (and it will suck) if my wife does not get a fellowship and gets a waiver for 2yr HRR, can I switch to J1 for my last year. My question is if she gets a waiver can I switch my status from J2 to J1 while in USA. ( I don’t want to leave the country as J visas are frequently rejected from my home country).

Thanks
 
buddy107770 said:
I am on H1B1 and has been offered a 3 year fellowship position on j1 that I really want to accept. My wife is on J2 and also have 2 more years in her residency to go.

How can you be on H1B and your wife on J2?????? I presume, your wife is on J1.


I was wondering what are the best options for me and would appreciate advice.

1. I accept my own J-1 but that would subject me to 2 yr HRR. It means that both me and my wife has to file for separate waivers.

If you really want to do a fellowship, then get it done. Focus first teo years on fellowship. In the 3rd year start looking for a waiver early. If you just want time in US, then dont.

2. COS to J2 and get EAD. Start a fellowship and hope that my wife also finds a fellowship and I finish on j2/EAD

Trouble with this scenario is what happens when your wifes J1 expires. She either gets a waiver, and youhave tobe onH4( cant do fellowship) or convince your program director to sponsor you on H1B.


3. In worst case scenario (and it will suck) if my wife does not get a fellowship and gets a waiver for 2yr HRR, can I switch to J1 for my last year.

Sure you can.

My question is if she gets a waiver can I switch my status from J2 to J1 while in USA.

Yes you can. You will need statement of need from your contry though.

( I don’t want to leave the country as J visas are frequently rejected from my home country).

Thanks
Click to expand...
 
Thanks for your reply. I really appreciate it.



Sorry about the mistake. My wife is on J-1



Regarding option 2 my idea is that she has 2 years left in her current program and that can do for 2 years of my fellowship on J-2. After that she can try to get a fellowship or a waiver as we plan to stay here in US.

If she gets a fellowship like Geriatrics I will be able to carve out my last year of fellowship and then when she gets a waiver after that I will get it too and we don’t have to look for two waivers that would be the case if I go to J-1.

Now if she can’t get the fellowship, she will be getting a waiver. Then I can try to force my PD to give me an H1B1 for a year which will be difficult as it is against their GME policy. Then the worst case scenario will be that I change my status to J1 after her waiver for one year try to get my J-1 waiver during that year.

The most dreadful thing that can happen is that she gets neither waiver nor fellowship after her residency, then she has to leave the country and in that case we are screwed no matter I am on J-1 or J-2.



Please advise if my thought process is logical or not. It makes some sense to me but some times when you think too much you miss some thing obvious. Thanks for your time.
 
buddy107770 said:
Thanks for your reply. I really appreciate it.



Sorry about the mistake. My wife is on J-1



Regarding option 2 my idea is that she has 2 years left in her current program and that can do for 2 years of my fellowship on J-2. After that she can try to get a fellowship or a waiver as we plan to stay here in US.

If she gets a fellowship like Geriatrics I will be able to carve out my last year of fellowship and then when she gets a waiver after that I will get it too and we don’t have to look for two waivers that would be the case if I go to J-1.

Now if she can’t get the fellowship, she will be getting a waiver. Then I can try to force my PD to give me an H1B1 for a year which will be difficult as it is against their GME policy. Then the worst case scenario will be that I change my status to J1 after her waiver for one year try to get my J-1 waiver during that year.

The most dreadful thing that can happen is that she gets neither waiver nor fellowship after her residency, then she has to leave the country and in that case we are screwed no matter I am on J-1 or J-2.



Please advise if my thought process is logical or not. It makes some sense to me but some times when you think too much you miss some thing obvious. Thanks for your time.
Click to expand...

I think doing fellowship on J2 EAD is your best bet. Only hitch with this approach is you have to get EAD renewed every year. Your EAD can only get renewed once your wife gets her new annual contract. A copy of the primary J1s contract will be required with your application for EAD. The preocess can cause some delays in your fellowship completion. My wife did her entire 3 year residency on J2 EAD. Due to delays in processing the EAD (it some took 3 months after filing !!!!) she completed residency in late august and was ineligible to take the ABIM boards for the year.

Regarding the 1 extra year you will need, i think your wife will have no problems getting a geriatric fellowship. It is not a "high demand" speciality with little or no competition. Then when she gets a waiver, so do you.


You mentioned you are on H1B. Are you in practice at this time or are you a resident? If you are in practice do you have a GC case "cooking"? Becoz going into fellowship can adversely affect that.
 
Thanks

Thanks docboston,
Thats what I will probabaly do i.e. go on J-2.

I am a resident right now.

Thanks for your help
 
i m doin j1 waiver right now and i applied for fellowship and i m changing jobs since my employer is a prick.at the completion of my waiver I m hoping to start my fellowship should I get accepted into fellowship.If I dont i ll go for green card.My question is if it easy to extend h1 visa after the 3 yr waiver.
thanks
 
Hi Doc Boston,
I want to thank you for your input. I have one last question and was wondering if you can help.
After you get a waiver from J1/J2 and you go from J-2 to J-1 do you have to wait for 1 year (chaning J-1 programs) or get DOS approval. Or it is simple change of status by USCIS as you have already got a waiver?

Thanks
 
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