I am exchange teacher on j1 visa and my wife is on j2 visa. She has employment authorization and she is also a teacher. I have already received waiver for 2 year HRR and also Approval for H1b visa valid from October,2012.
My wife is still on j2 and i want her to go on J1.
My question is,
Can we apply for change of status of J1 from here?
or i have to apply for h4 first and then i apply for j1?
Is it possible from here anyways or do we have to go to home country ??
Please help me.
If you obtained the two years residency waiver then she is free of that restriction as well. She can file for J-1 visa while she is in teh U.S.
Elkhalil Law Firm, LLC
Disclaimer: This answer is for informational and educational use only. This answer does not create attorney-client relationship. For more details, I recommend a private consultation with an immigration lawyer.
You can apply for change of status in the US provided you are maintaining legal status and otherwise qualify for the status you are applying for.
You should retain an experienced immigration lawyer to review all the facts, advise you, and handle the case.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
Why would you want your wife to become a J1 and then possibly trigger a new HRR for both of you?? You should stop trying to figure these things out yourself and consult a lawyer!
An attorney-client relationship is not formed by my responses to questions on Avvo. My responses are not intended to be legal advice and must not be relied upon as legal advice.
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