ezmae Posted June 10, 2013 Report Share Posted June 10, 2013 Hello, My situation is as follows: I am an Australian resident currently on a B2 visa. My I-94 expires soon, and about 2 months ago I applied for an extension through USCIS. I am yet to hear a decision from them. My Australian partner is here and has a contract position at a university and is on a J1 visa. We have been together for 7 years and recently got married in the USA. I now wish to apply to change status to a J2 visa through USCIS while in the USA, to be a dependent on my husband's J1 visa. We were advised by an immigration lawyer that this would be fine, as long as I apply to change status before my I-94 expiry date. My questions are: 1) Should I cancel my pending B2 visa extension with USCIS before I apply to change status to J2? 2) I understand that the J2 application will not be processed until after my I-94 expiry date, but it is my understanding that I will still be "in status" as I have a pending case with USCIS. Is this correct? 3) Eventually I would like to apply for an EAD to get some part time work, once my J2 visa has been issued. Am I able to leave the USA to visit another country whilst I have a pending EAD application? My husband's J1 visa and work contract expires in 3 years, and then we will be heading home to Australia. Thank you for your help. Link to comment
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