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J-2 pending, can I cancel it and apply for my own J-1?

Miami, FL |

I was working with J-1 status, then laid off, so I applied for an AOS to J-2 through my spouse, so I could legally stay in the country and pursue interviews etc. My J-2 is pending and a job opportunity came up, they 'll sposnsor my J-1. What is the procedure ? Should I cancel my J-2 application ? And then go back to my country to issue my own J-1 at the embassy ? Would that be a problem in any way ?

Can I apply for an AOS for J-1 here in the US or need to go through the embassy? If I apply here, how much would it take for an AOS?

Attorney Answers 4


You can file another application for change of status to J1.

The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.

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Do I cancel the first application for J-2? An AOS in the US, wouldn't it take months? Is it better to travel back to my country or this is not recommended?


SInce 2019 is needed for J1, you first need to find a sponsor. No need to cancel anything.

The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter,not should it be viewed as establishing an attorney client relationship of any kind.

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I agree with my colleagues. You need another sponsor and a new application.

Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 NOTE: Responses are for the education of the community at large and is not intended to be "legal advice." No attorney-client relationship is established by responses or comments.

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You may apply, as permitted to any legitimate COS as a J-1 Applicant without cancelling anything.

DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional opinion, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions stated above are general in nature, and may not apply to specific factual or legal circumstances related to one's current legal issues. Contact an experienced lawyer admitted to practice in your State under an attorney-client privilege to further receive a comprehensive legal before making an educated decision about your particular legal issue. Respectfully, Attorney Alexander Ivakhnenko, Chicago, Illinois 773-562-8602

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