Help B1/B2 TO J2 ?

[a_tiwari1967]

I entered US on B1/B2 for an urgent short visit to my wife was already here on J1. Now situation demands me to stay here longer and study or work in future. How can I change my status from B1/B2 to J2. Do I have to go to my country for getting fresh J2. I can't hire a lawyer please help. What is ECFMG & EAD.

 

[hadron]

As long as your B1/B2 is still valid (you are within the timeframe on your I94 and you didn't invalidate it by working or studying), you should be able to file a 'change of status' request. I believe you have to submit a copy of your wifes DS2019 including the second page that carries your name and a copy of your current I94, B1/B2 visa and passport demographic page. USCIS sends you a new I94 with the new expiration date (or more likely one saying J2 D/S). This way you can avoid the trip home. You would have just the new I94 and the B1/B2 visa, you would never actually get a J2 visa stamp in your passport. Be sure not to file this request too early or too late. If you file early, they could deny it saying that you came to the US with the intent to stay not as visitor but rather as exchange student spouse. If you file late, you won't get it approved in time to remain in status.

 

[vineetgsvm]

what time to apply then?

hello hadron,
thanx for the details and advice. can u please advice upon what should be the approx. time of such application?? normally I94 is stamped for a max of 6 months then after what time in us shud such applications be filed. if anyone has some experience then please share it with all .

 

[ivrier]

Submit application after 90-days stay in B status

I left the US in J1 status in 1998 and reentered the US on a B1/B2 visa after having remained in my home country for 3 months. I was obviously denied a J2 visa on my home country even if ECFMG was able to sponsor me as a J2. My application to convert B1 to J2 was submitted sometime 90 days after entering the US as suggested by my lawyer. I eventually converted to H1B and have completed my 3-year waiver. You can also apply for an EAD after having received your J2.

I have never left the US since then, with the fear of being denied a STAMPED visa which I do not have on my passport. The consulates might give me a hard time since I converted from B to J2 then eventually to H1 even if the whole process was legal.

 

[ferdie]

just ask ur wife to put in her DS2019 with ECFMG and attach the dependent info in that form.
They will update it and send a J2 DS2019 for u.
then u can apply to uscis through a lawer ( preferably) for a status change.
Once u get ur status changed apply for EAD and enjoy.
Make sure the figure of 90 days doesnt come back to haunt u later in life.
ferdie

 

[a_tiwari1967]

As long as your B1/B2 is still valid (you are within the timeframe on your I94 and you didn't invalidate it by working or studying), you should be able to file a 'change of status' request. I believe you have to submit a copy of your wifes DS2019 including the second page that carries your name and a copy of your current I94, B1/B2 visa and passport demographic page. USCIS sends you a new I94 with the new expiration date (or more likely one saying J2 D/S). This way you can avoid the trip home. You would have just the new I94 and the B1/B2 visa, you would never actually get a J2 visa stamp in your passport. Be sure not to file this request too early or too late. If you file early, they could deny it saying that you came to the US with the intent to stay not as visitor but rather as exchange student spouse. If you file late, you won't get it approved in time to remain in status.

 

[a_tiwari1967]

Thanks a lot for your comments. I have to return back home within 90 days. Should I apply here for status change from B2 to J2 with USCIS before my return or it is advisable to apply for J2 at consular office back home. Which of these or any other option is better/ safer. Please guide.

 

[ferdie]

best option is to get it from india as it is a very safe visa to get.very few people have been rejected J1/ j2 visa ( Joker Visa as it comes with so much resitrictions)
If u can avoid the whole J2 business and find ur own job and come on H1b it will be best for u ( But u might not get the job in the same place where ur wife is)

 

[hadron]

USCIS frowns if you enter the country on B1/B2 and file a COS 2 weeks later. They will say that your 'intent' was not to be here as a visitor. If you have the full 6 months on your I94, you should probably file after about 3 months to be on the safe side in that regard. Check on the USCIS website regarding the processing timeframe for COS, I believe it is a couple of weeks.

I believe you have to file form I539 for the COS.

http://uscis.gov/graphics/formsfee/forms/i-539.htm

You could do it yourself. If you are afraid to make a mistake (which rarely would lead to a denial in and by itself. they are used to people who can't even spell their name), you might want to have an attorney do it for you.

From what people tell me it is easier to get a new status by COS rather than the consulate and re-entry. The USCIS dudes are relatively formalistic about the whole thing, they don't have a 'gut feeling' and don't really care about you, postively and negatively. The consulate can deny a visa just because they feel like it.

If you haven't been on J2 before, consider looking for a job that will get you an H1. That way you could get a head-start on a GC without beeing held back by your wifes home residency requirement.