J2 status change (waiting for J-1 waiver)

[jay_malhar]

I am J2 (2HRR) visa holder and working on EAD at a University as a post-doc fellow. EAD is valid till Oct'08. (date shown on my husband's and my DS-2019)
He has applied for his J-1 waiver(2HRR) and has sent papers to home country just for my sake for me to complete my course. He has taken a case number from USCIS as well.

My questions are-

a. Is it possible for me to change my status to J-1 or H-1 without his waiver. (which is unlikely I know) coz I want to finish my program even if he leaves.
Is it possible to get F-1 from the university while still having the 2HRR.

b. Can we extend our J-1 (DS-2019) to buy some more time? (is it allowed to extend J-1 when waiver procedure is going on..coz we have just started the procedure & have only taken a case No. but nothing else..paper work back in India is going on)

c. If he gets his waiver in time, how do I change my status to H-1 or F-1 or my J-1.
Can I adjust my status here in the US or have to go back to India to get the visa stamped.

He wants to leave the US soon for his training in Australia. Can he come back to the US after the waiver on a visitor visa (B-2) to visit me.

Experts I'll really appreciate your help. Thanks a lot.

 

[nscagony]

Changing to F-1 is no problem. H-1 is impossible, and extension is also impossible at this point (or lets say very very unlikely). And yes he can come back on B-2 to visit, even before the waiver is complete.

 

[jay_malhar]

Thank you for your reply,
-Do you mean to say j-1 extension is unlikely because we have applied for a waiver?....(our waiver has not yet been recommended..only case number has been taken and paperwork for NOS from India is going on)..we were informed that we can get extension untill favourable recommendations are given by waiver review division and waiver procedure is in progress but not after that.
-Do I have to go to India to get a F-1 or I can change my staus here in US.

Thank you again.

 

[mmed]

I am J2 (2HRR) visa holder and working on EAD at a University as a post-doc fellow. EAD is valid till Oct'08. (date shown on my husband's and my DS-2019)
He has applied for his J-1 waiver(2HRR) and has sent papers to home country just for my sake for me to complete my course. He has taken a case number from USCIS as well.

My questions are-

a. Is it possible for me to change my status to J-1 or H-1 without his waiver. (which is unlikely I know) coz I want to finish my program even if he leaves.
Is it possible to get F-1 from the university while still having the 2HRR. You Can't change to H without waiver, You may change to F but not elegible to change from F to H without the waiver in contrast to all other started with pure F without J station. Every thing aplicable to J1 apply to J2

b. Can we extend our J-1 (DS-2019) to buy some more time? (is it allowed to extend J-1 when waiver procedure is going on..coz we have just started the procedure & have only taken a case No. but nothing else..paper work back in India is going on). Yes, He (J1) can extend J1 and automatically J2 will be extended before the DOS issue recommendation, but just send copy of the new DS to your waiver file. Once recommendation issued you can not extend anymore or even get new J forever.

c. If he gets his waiver in time, how do I change my status to H-1 or F-1 or my J-1. Employer should sponsor your new visa
Can I adjust my status here in the US or have to go back to India to get the visa stamped. You can adjust here without going back anywhere except if you got O visa

He wants to leave the US soon for his training in Australia. Can he come back to the US after the waiver on a visitor visa (B-2) to visit me. If he travel before the waiver, The J will be done and your J2 will be done too and the EAD in your hand will not be valid anymore, So how he can come. Even if you change your visa, the parameter for B visa is different and depend o many variables which may apply for him or not

Experts I'll really appreciate your help. Thanks a lot.

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