J-1 approved, not started yet

[jk0274]

A question on behalf of a colleague at my old institution, as I'm not sure about this myself:

A person on an H-4 just got accepted into the institution's J-1 program. She has not started her program yet, but I assume her DS-2019 has been prepared, probably with a future start date. HRR applies.

This person's spouse, the H-1B principal, is about to file I-485. Can the J-1-to-be file as a derivative H-4? Or is it too late? Thanks.

 

[LucyMO]

if her change of status application hasn't been approved yet, then she is still in H4 status. If I-485 is at stake, she may want to cancel the application to change her status to J-1. Otherwise, it would be too late.

 

[jk0274]

Thanks Lucy,

I'm not too familiar with the change-of-status (non-immigrant) procedures... and I don't know if, for J-1, there would be a future start date on the approval notice or if approval instantly changes her status to J-1....

I don't know if the applicant knows too much either since all the paperwork is being handled by their international office...