My wife is holding H4 visa currently and she might want to join a postdoc training program. Will it be difficult to switch to J1 from H4? Does she need to go back to home country to apply for the new J1 visa and re-enter US, or the whole transfer procedure could be accomplished within US?
If your wife is in valid H-4 status, she should be eligible to file a change of status to J-1 with USCIS. These type of applications usually take at least 3 months to be adjudicated by USCIS. If timing is an issue, you may consider having her apply for her visa at a U.S. consular post. Also, before applying for the J-1, you should check whether she will become subject to the 2 year home residency requirement.
I recommend consulting with an immigration attorney regarding these and other processing issues regarding the J-1.
Avi Friedman| Attorney at Law | Wolfsdorf Immigration Law Group | 1416 2nd Street | Santa Monica, CA 90401 | (T) 310-570-4088 x249 | (F) 310-570-4080 | firstname.lastname@example.org | www.wolfsdorf.com | Offices in Santa Monica, CA and New York City
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