Change from a j2 to j1

[michigain87]

I am currently living in the US under a j2 status (spouse of a j1). Yesterday I was offered a job as a post-doc in the university of texas. My husband works as a post doc at the University of Miami. We are subjected to the 2 year rule. And our current DS 2019 expire December 31st 2021.

I want to know if it is possible to me to change my status from a j2 to a j1, since now I will have a sponsor. I believe I will probably have to leave the country and re-enter in order to change my status.

Anyway, my questions are:

Can I change my status from a j2 to j1?

If so, can I apply for a visa in any Cons/ ulate abroad or only in my home country? I'm asking that because of the travel bans..

Is it better to apply for an EAD instead?

I know the EAD takes time but my supervisor said she could wait for a few months until I get my work permit.

I hope I have options since I don't want to lose this opportunity.

Thanks in advance!

[Sabya2389]

Hi, My wife was in an exactly similar situation a few months back, and I remember posting a similar question in this forum around that time. Here's what we learned after weeks of discussion and consultation with our university immigration advisors and their recommended immigration lawyers: If the J1 principal is subject to the 2 year home residency requirement, then it is NOT possible for the J2 to change status to J1, unless a waiver is issued ( which has its own clauses and complications). There's an additional " 24 month bar" applicable to J1 and the corresponding J2, which prevents their repeat participation in any exchange visitor program after their existing program concluded, for a period of 24 months. This is in addition to the 2 year home rule, and it means you'd have to wait for 2 years after to surrender your J2, before you can get your J1. Even some confused immigration advisors from my Univ said that my wife can get a J1 if she gets a DS2019, travels back to home country, and gets a J1 Visa stamp. It was only after talking to their supervisor, and 2 immigration lawyers, we came to know the full picture.
In my opinion, EAD is the best option for you now, although it is time-consuming. I'd even advise you to talk to your spouse's Univ immigration advisors and lawyers, if possible before you decide to give up your J2. Ask them specifically about the 24 month bar
Best of luck!

[newacct]

The INA 212(e) 2-year home residence requirement does not affect the ability to do Change of Status between J1 and J2. See USCIS Adjudicator's Field Manual chapter 30.3(c)(7) (on page 33 of this PDF).

8 CFR 248.2 prohibits a change from the J nonimmigrant classification for any individual who became a J in order to receive graduate medical training or who is subject to the 2-year residency requirement. However, this prohibition does not prevent someone (who is otherwise eligible) from seeking a change within the J category from J-1 to J-2, or vice versa.

[Akers19]

Hi, My wife was in an exactly similar situation a few months back, and I remember posting a similar question in this forum around that time. Here's what we learned after weeks of discussion and consultation with our university immigration advisors and their recommended immigration lawyers: If the J1 principal is subject to the 2 year home residency requirement, then it is NOT possible for the J2 to change status to J1, unless a waiver is issued ( which has its own clauses and complications). There's an additional " 24 month bar" applicable to J1 and the corresponding J2, which prevents their repeat participation in any exchange visitor program after their existing program concluded, for a period of 24 months. This is in addition to the 2 year home rule, and it means you'd have to wait for 2 years after to surrender your J2, before you can get your J1. Even some confused immigration advisors from my Univ said that my wife can get a J1 if she gets a DS2019, travels back to home country, and gets a J1 Visa stamp. It was only after talking to their supervisor, and 2 immigration lawyers, we came to know the full firstcallonline picture.
In my opinion, EAD is the best option for you now, although it is time-consuming. I'd even advise you to talk to your spouse's Univ immigration advisors and lawyers, if possible before you decide to give up your J2. Ask them specifically about the 24 month bar
Best of luck!

Hello,

Did you have a fix on this issue? Facing same issue but no response from anyone.