H4 to J1

[samuz]

Hello,

I'm currently on H4 visa with my husband's H1 expiring in September. His 6 yr H1 term will be up but I completed 4 yrs on my H.

I now have an opportunity to join as a research associate on a J1 visa. Most probably the 2 yr HRR will not apply for me.

My questions are

1)Will my hubby be able to join me in the US on J2 even though his H1 6 yr term is up? Does the "staying out of country for 12 months" rule apply to him in this case?

2)On J2 he can apply for EAD and seek employment in US. Right?

Please respond. Great Guru or anyone who has answers or has had a similar experience. Thanks.

Samuz

 

[great guru]

Hello,

I'm currently on H4 visa with my husband's H1 expiring in September. His 6 yr H1 term will be up but I completed 4 yrs on my H.

I now have an opportunity to join as a research associate on a J1 visa. Most probably the 2 yr HRR will not apply for me. (check out very carfully about HRR)
My questions are

1)Will my hubby be able to join me in the US on J2 even though his H1 6 yr term is up? Does the "staying out of country for 12 months" rule apply to him in this case?
The ambiguity arises here, the purpose of H1- 6 years bar is one should not work in US after spending 6 years in H1/h4 visa unless a LC is pending. If J2 over rides this rule means he will not be approved his J2, if it is F2 definitely yes.
2)On J2 he can apply for EAD and seek employment in US. Right?

Bottom line here is, he should not work under any non-immigrant visa after his H1 6years period ceases.
Please respond. Great Guru or anyone who has answers or has had a similar experience. Thanks.

Samuz