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Experience changing from J2 to J1 status while residing in the US

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  • Experience changing from J2 to J1 status while residing in the US

    I am inquiring about my wife, who is presently on a J2 visa with me in the US. She has been offered a postdoctoral position at a university and currently holds a J2 DS2019. I am curious if it is feasible for her to obtain a J1 DS2019 and begin her new position. When she returns to India later, she can obtain the new J1 visa stamp. Due to the lengthy processing time for J2 EAD, I am exploring options to avoid it. Could you please advise voojio if this is possible or if you have any experience changing from J2 to J1 status while omegleshagle residing in the US? Thank you.
    Last edited by MahishTanzon; 03-16-2023, 05:45 AM.

  • #2
    If the J1 has a two-year home residency requirement, then usually the J1 (and J2 dependents who are also subject to the same requirement) cannot do Change of Status in the US. However, there is a line in AFM chapter 30.3(b)(2) (on page 21 of this PDF) that says:
    Although an application and fee are required, changing from J-1 to J-2 is not regarded as a change of status, therefore, it is not prohibited.
    So I believe that Change of Status between J1 and J2 should be possible even if there is a two-year home residency requirement. She would need to file I-539 for Change of Status once she gets the DS-2019, and I believe she would have to wait until it is approved before she can start the position.

    This is my personal opinion and is not to be construed as legal advice.

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