What happens to J2 EAD, when J1 (primary) changes job?

[Mardi]

Hi,

I have a EAD based on my J2 status, valid till 2013. Can anyone please advice what happens if in between my Spouse (J1 Primary) changes job?

J1 details pertaining to the new employer on DS2019 would have to change and so should it (DS2019) change for all dependents (J2). But not sure what happens to my valid EAD in this process.

1>>> Do I need to just contact USCIS/DHS and inform them that I have a new DS2019 and send them the necessary docs to have there records updated? If this can happen then I can continue with my job on the valid EAD.

OR

2>>> If not, do I have to file for a replacement / new EAD and wait to get that before I can restart work. In this case I will have to let my current job go and sit jobless until the new EAD comes in.

Please advice...

[Mardi]

Hi,

I have a EAD based on my J2 status, valid till 2013. Can anyone please advice what happens if in between my Spouse (J1 Primary) changes job?

J1 details pertaining to the new employer on DS2019 would have to change and so should it (DS2019) change for all dependents (J2). But not sure what happens to my valid EAD in this process.

1>>> Do I need to just contact USCIS/DHS and inform them that I have a new DS2019 and send them the necessary docs to have there records updated? If this can happen then I can continue with my job on the valid EAD.

OR

2>>> If not, do I have to file for a replacement / new EAD and wait to get that before I can restart work. In this case I will have to let my current job go and sit jobless until the new EAD comes in.

Please advice...

Hi...Can anyone throw some light on the above situation and also if I (J2) am individually eligible to get an H1B without the J1 waiver?

[BigJoe5]

8 CFR

214.2

(j)

(1)

(v)

(B) J–2 employment may be authorized for the duration of the J–1 principal alien's authorized stay as indicated on Form I–94 or a period of four years, whichever is shorter. The employment authorization is valid only if the J–1 is maintaining status. Where a J–2 spouse or dependent child has filed a timely application for extension of stay, only upon approval of the request for extension of stay may he or she apply for a renewal of the employment authorization on a Form I–765 with the required fee.

If the J-1 is subject to the INA 212(e) 2 year requirement, then so are the dependents.

[Mardi]

BigJoe5.

Thanks for reinforcing the above point.

However, the question remains: If my spouse changes job (from one J1 sponsor to other J1 sponsor) - her as well as my DS2019 changes with relevant information. As my EAD is based on that DS2019, does it make my EAD (which is valid till 2013) invalid in the process of her changing job?

A related query troubling me is - that is there a grace period or something like that, when J1 can be not employed, remain in US, yet retain the J1 status...for 15days, 30 days? Trying to assess how much emergency time I may have if she looses or quits her job?

A final question: J1 cannot apply for H1B untill she gets the 2yr home country return waiver. So am I, as long as I am in US under J2 status. But if I had been in my home country and not in this J2 status, I could have availed a normal H1B route. So the question is - If my (I am on J2 status) current employer is willing to sponsor my H1B (while my J1 primary has not got her own WAIVER) - can't I go back to my home country and get a H1B stamping and return?

Look forward to your and anyone else who can contribute to help....thanks in advance!