H4 to J1 Conversion

Asked almost 2 years ago - Waltham, MA

My wife will be joining me in H4 visa. She is qualified teacher with masters in home country. My question is that how can i apply for her J1 teacher visa from US without leaving the country and what is the process for it.

Thank You,

Additional information

She did not have a sponsor yet so i was asking about the process as i am not clear not it.

Can you please tell me about the 2 year home residency requirement ?

Attorney answers (3)

  1. Carl Michael Shusterman

    Pro

    Contributor Level 20

    13

    Lawyers agree

    Answered . Is her potential employer a J sponsor? She will first need to receive form DS-9029 from her J sponsor.

    Please click the link below for additional information.

    ---------
    Carl Shusterman, Esq.
    Former INS Trial Attorney (1976-82)
    Board Certified Immigration Attorney (1986 - Present)
    Schedule a Legal Consultation - Know Your Rights!
    600 Wilshire Blvd., Suite 1550
    Los Angeles, CA 90017
    (213) 394-4554 x0
    Web: www.shusterman.com (English)
    www.inmigracion-abogado.com (Spanish)

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration... more
  2. Alexander Joseph Segal

    Contributor Level 20

    4

    Lawyers agree

    Answered . She will need to find a J1 qualified organization and should make sure the 2 year home residency requirement does not attach.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866)... more
  3. Brian Christopher Schmitt

    Pro

    Contributor Level 10

    1

    Lawyer agrees

    Answered . Once she receives a DS-2019 from a program sponsor, she can change status from H-4 to J-1. See USCIS Form I-539 and instructions on the USCIS website.

    There are three ways one can become subject to the two-year foreign residence requirement. These are: (1) government funding (U.S. or foreign government funding); (2) home country skills list; and (3) participation in graduate medical education.

    One subject to the two-year foreign residence requirement faces several legal disabilities. Specifically, one subject cannot: (1) apply for H or L visa stamps; (2) apply for the green card; and (3) apply for an immigrant visa. One subject cannot change status from J-1 to any other nonimmigrant status in the United States, except A or G visa status unless they obtain a waiver.

    I hope this answer helps.

    Brian Schmitt
    Hake & Schmitt
    Attorneys at Law
    P.O. Box 540 (419 Main St.), New Windsor, Maryland 21776
    Phone: 410-635-3337
    http://www.hake.com/pc/

    Required Disclaimer: This information is generalized and should not be relied upon as legal advice; and this communication does not create an attorney-client relationship.

Related Topics

J1 student visa

J-1 visas are an option for students who are receiving sponsorship to participate in cultural or educational programs in the United States.

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