J1 research scholar to J2 switch-urgent

[troubled123]

Hi all,
I am a J1 research scholar. my husband was in J2 and currently, in the process of converting to J1 through ECFMG (for the doctors). His processing is still going on in USCIS. USCIS had advised me to to apply for J1 waiver, so that he also gets the waiver, while his processing is going on.
I am subject to 2yr HRR and am waiting for my waiver. Currently, I am in great mental stress in my workplace, and need to resign pretty soon. Can I switch to J2 and stay as a dependent of my husband? please let me know any way I can legally stay in the US, after i resign ,which is going to be reaal soon...

Thanks a lot

 

[jk0274]

Wow - pretty complicated case. I'm sorry for the trouble you are experiencing at work, but here is the lowdown:

1- You cannot change from J-1 to J-2 unless you get the actual waiver. Having one pending won't do.
2- If you quit your job, you immediately will be in a 30-day grace period in which to complete your J-2 transition. If you do not get your J-2 before your 30 days are up, you will fall out of status, which will make your life all the more complicated.
3- Switching from J-1 to J-2 is usually not looked on favorably by USCIS. It may also be even more difficult to apply for it from abroad, because you will have waived your previous J-1 home residency requirement and thus make you suspect as a potential immigrant.

Basically, I would advise (and I'm not a lawyer) that you don't quit your job before you obtain your J-1 waiver and have the J-2 pending. Otherwise, you are almost certain to fall out of status, and you really wouldn't want that. Alternatively, can you transfer your J-1 to another lab where things are better? That way, you maintain your J-1 status until you obtain a waiver (in which case J-1 extensions are usually no longer possible).

One other thing: Even you get your waiver, your husband may ultimately need one as well since he is about to obtain a J-1. Your own J-1 waiver only applies to him while he is on a J-2. As soon as he switches to J-1 (regardless of whether it is before or after you get your waiver), he automatically might fall under his own HRR if his program makes him subject, and if so, your own J-1 waiver will have no bearing on his HRR status once he becomes a J-1. In other words, if his new J-1 program makes him subject to the HRR, your own upcoming waiver will not do him any good.

Unless you don't plan to work after you quit your current job, I would also strongly recommend that you switch to an H visa, if you can, instead of a J-2, as that may be easier to do and enable you to maintain legal status. You can pay the $1000 premium processing fee and have your H1-B in less than the month of your grace period, as long as you have a H-1B sponsor, have a H-1B labor certification (something your sponsor will get easily in a short time), and your J-1 HRR waiver. This assumes your new work will be in an academic / non-profit institution.

Hope this helps.