J1 to J2

[brownrice]

I am currently in the 30day grace period for J1 visa for physicians. I am still looking for a sponsor/job for my next visa meanwhile, can i switch to J2 (my wife is on J1 research)? If yes, can this be done while in the US or do I have to present at home country consulate to apply for the visa?
your immediate reply will be greatly helpful. thank you.

[peace999]

grace period allows you to apply for change of status but remember change of status takes 2-4 months , so your grace period would expire by the time the response comes.
Technically , you should be legal till the response comes but I would recommend going through a sharp attorney for this.

Also, going home to get a J-2 is risky. There is a high denial rate for J-2s and F-2s at posts abroad without a clear reason.( sec 214b)

BTW, do you have the waiver for 2 year home stay requirement?

[brownrice]

I do not have a waiver to my J1, but should it matter since I am not converting to an Immigrant visa? thanks for the first reply.

[peace999]

NO. it is not just the immigrant visa. If you are subject to a 2 yr home stay requirement, you cannot change status, or even apply for a work visa like H or L . And
no green card adjustment.

You will need a waiver.

I would imagine you would know this already since you are applying for other physician jobs. Or are you applying for a J-1 fellowship?

[brownrice]

Agreed, I cannot change the status (within the country) but I can get a new J2 from home country correct?
Not in a situation to get a waiver since none of the waiver criteria are satisfied at the present time.
Not looking for H/L/greencard at this point.
Just looking for J2 to stay with the wife.
Will that 212e be a problem?

[peace999]

yes correct, you can apply for a J-2 at home. But there is always a risk of denial at posts abroad because J-2 requires a non-immigrant intent ( 214b) .
And visa-officer discretion rules supreme in such cases. Since that is your only option, u should go ahead, I wish you success.

[brownrice]

will it matter if we both go (she also gets a new visa stamp) vs myself alone for the visa interview?

[peace999]

sorry , could not follow what you said. Why does she need a new stamp? was she on a J-1 that was a status change?

[brownrice]

she does not need a new one unless she leaves the country and re-enters. it was not a status change.
just asking if it will be better to show up with the primary applicant or doesn't matter as far as I have the new ds2019?
thank you much

[peace999]

she does not need a new one unless she leaves the country and re-enters. it was not a status change.

As far as I know , these two statements are contradictory. Needing a stamp to re enter the country means she does not have one already . And that means she is working on a status change.

Anyway, like I said there is always a risk of denial for both J-1 and J-2 at posts abroad.

[brownrice]

sorry for the confusion she does have a stamp. I appreciate your help here.
thank you very much