Switch from H4 to J1

[prabs81]

Hi,

i saw similar topics discussed here but it is little different. please provide some guidance.

My wife is currently in H4 EAD and it expires in June 2020. She is currently doing her residency and it completes in June 2020 same as her H4 EAD expiry date. She got fellowship offer which requires her to join in J1 and they don't accept H4 EAD.  Her fellowship program starts from July 1, 2020.

My questions are :

Can she apply for her J1 from US?

Does this needs to accompanied by change of status?

What is the average time of approval?

if its approved, what will be the status of her H4 and H4 EAD?

Will she be able to complete her residency in H4 EAD if her j1 is approved?

If we decide to apply for j1 from India, is it possible to apply in June and get it approved in same month? what is the average time there?

Thanks in advance,

Regards,

Prabhakaran

[JoeF]

Well, the employer can not choose. She has employment authorization. That's all that matters. There is this form I-9. It clearly states that the employer can not pick and choose. It is also unlikely that she would even get a J1.

[care_candidate]

On 9/9/2019 at 11:16 PM, prabs81 said:

Hi,

i saw similar topics discussed here but it is little different. please provide some guidance.

My wife is currently in H4 EAD and it expires in June 2020. She is currently doing her residency and it completes in June 2020 same as her H4 EAD expiry date. She got fellowship offer which requires her to join in J1 and they don't accept H4 EAD.  Her fellowship program starts from July 1, 2020.

My questions are :

Can she apply for her J1 from US?

Does this needs to accompanied by change of status?

What is the average time of approval?

if its approved, what will be the status of her H4 and H4 EAD?

Will she be able to complete her residency in H4 EAD if her j1 is approved?

If we decide to apply for j1 from India, is it possible to apply in June and get it approved in same month? what is the average time there?

Thanks in advance,

Regards,

Prabhakaran

My friend had to have J-1 for residency for medical doctor even though she was on H4 EAD. The program which accepted her asked to apply for J-1 only. She did it and now finished residency. Here are answers:

Yes, she can apply for J-1 from US through ECFMG sponsorship. That is the only way to get it. And she may have to sign for 2-year home residency rule. You can google that if you don't know what that means.

It is change of status and may need to get it stamped outside US.

There is no average time statistics but give or take 6 months is good amount of time. There is involvement of both government, ECFMG and candidate etc. Quite a few documents need to be approved from her local government official.

She will be on J-1 visa. H-4/EAD will be over. If you have her with your Green Card process, she will be cut out of it.

That you need to ask to her current program. Most likely she will finish residency on current visa and start fellowship on new visa.

Aaaah India!! (Same for my friend too) - Please add extra time as government official there do take extra time for approval. Start now, you will be needing all this time to make sure she gets that in hand before starting the program. Do not waste time anymore.