Hi! I am on a J2 visa with HRR stamping. My spouse has his J1 program for the next 3 years. I have applied for my EAD. If I plan to return to India and work there. Is it possible for the company to file for my B visa for any short business visits that may be required? Thank you.
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J2 to B1
- Thread starter Nirai
- Start date
Yes.
In fact, if you have valid J-2 visa stamp, you don't need B visa to eneter the US. As you said, your spouse will be on J-1 for the next three years, so you can always get J-2 stamp within this 3 years if the current J-2 visa stamp expires. As for your original question, yes - your company can apply for your B visa irrespective of J-2 visa stamp/status. Keep in mind that once you enter the US on B visa, your J-2 status automatically expires (unless you again switch to J-2 later on).
Best wishes,
Jigesh
Disclaimer: Personal non-legal point of view only.
In fact, if you have valid J-2 visa stamp, you don't need B visa to eneter the US. As you said, your spouse will be on J-1 for the next three years, so you can always get J-2 stamp within this 3 years if the current J-2 visa stamp expires. As for your original question, yes - your company can apply for your B visa irrespective of J-2 visa stamp/status. Keep in mind that once you enter the US on B visa, your J-2 status automatically expires (unless you again switch to J-2 later on).
Best wishes,
Jigesh
Disclaimer: Personal non-legal point of view only.
Already in US
Hi Jigesh,
Thank you for the reply. Actually I am already in the US with J2 visa and it has HRR stamping too. I have applied for my EAD but am planning to take up an assignment in India. If the company wants me to come to the US for business trips on a B visa, is it possible? Is it possible to get adjustment of status from here? Thank you so much. Best rgds
Hi Jigesh,
Thank you for the reply. Actually I am already in the US with J2 visa and it has HRR stamping too. I have applied for my EAD but am planning to take up an assignment in India. If the company wants me to come to the US for business trips on a B visa, is it possible? Is it possible to get adjustment of status from here? Thank you so much. Best rgds
Why?
As I understand, you have a J-2 visa stamp. Now if your spouse's IAP-66 was initially issued for 3 years (mostly they issue first IAP-66 for one year on extendable basis though), most probably the expiry date of your visa stamp, too, is far away. In that case, you can come back on J-2 stamp anyway until it expires. Then why to complicate matters with B? While theoretically you might be able to use I-539 form for J-2 to B, it might not be that easy to convince INS for this kind of change of visa status, especially so in present post-9/11 era.
Also, keep in mind that once you change to B from J-2 (or if you enter the US on B), your EAD automatically becomes invalid even if its printed expiry date might be farther.
If I were you, I would use exisiting valid J-2 visa stamp OR re-appear for B in India (so that if consulate denies B, I could use J-2 if still valid at that time).
Best wishes,
Jigesh
Disclaimer: Personal non-legal point of view only.
As I understand, you have a J-2 visa stamp. Now if your spouse's IAP-66 was initially issued for 3 years (mostly they issue first IAP-66 for one year on extendable basis though), most probably the expiry date of your visa stamp, too, is far away. In that case, you can come back on J-2 stamp anyway until it expires. Then why to complicate matters with B? While theoretically you might be able to use I-539 form for J-2 to B, it might not be that easy to convince INS for this kind of change of visa status, especially so in present post-9/11 era.
Also, keep in mind that once you change to B from J-2 (or if you enter the US on B), your EAD automatically becomes invalid even if its printed expiry date might be farther.
If I were you, I would use exisiting valid J-2 visa stamp OR re-appear for B in India (so that if consulate denies B, I could use J-2 if still valid at that time).
Best wishes,
Jigesh
Disclaimer: Personal non-legal point of view only.
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